- 23 - The tanks are massive in size and have economic useful lives of 60 to 70 years, and (2) AFEs for building new tanks at terminals do not reflect an intent to relocate the new tanks at some later date. In addition, respondent argues that the need for internal bracing when relocating intact tanks with internal roof support columns demonstrates that the tanks were designed to remain permanently in place. In Whiteco Indus., Inc. v. Commissioner, supra at 672, we concluded that the outdoor advertising signs were “not designed or constructed to last permanently.” The signs were designed to last only for the duration of the advertising contract, about 5 years, at which time the signs would require “substantial renovation”, including a new sign face and various repairs. Id. We did not require the taxpayer to show that the taxpayer actually intended to relocate the property at a later date. Id.; see also JFM, Inc. & Subs. v. Commissioner, T.C. Memo. 1994-239 (same). Although the property at issue in the present case is quite large, for this second Whiteco factor, the focus of our inquiry is on the permanence of the property’s design and construction. The property’s size is not determinative. See, e.g., Estate of Morgan v. Commissioner, supra at 480 (floating docks at issue had one walkway that was approximately 290 feet long).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011