PDV America, Inc. and Subsidiaries - Page 27

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          with advertisers.  Id.  Examples of such situations included the            
          leased land’s owner’s refusing to renew the lease, a change in              
          the location of the road, or some other event that would make the           
          sign’s position undesirable.  Id.                                           
               Scott Paper Co. v. Commissioner, 74 T.C. at 172, in which we           
          held that primary electric components were not inherently                   
          permanent structures, provides another example of circumstances             
          which tend to show that property may or will have to be moved.              
          In Scott Paper Co., this Court acknowledged that changes in power           
          demands could arise that would require the taxpayer to move the             
          primary electric components and modify them to accommodate those            
          new demands.  Id. at 171.  Indeed, when such changes in demand              
          had occurred in the past, the taxpayer had relocated components             
          within the facility.  Id. at 144-145, 171.                                  
               Although some of CITGO’s tanks have been in existence for              
          more than 60 years, and, for the most part, the tanks were not              
          situated on leased land,19 we do not think that petitioner could            
          realistically expect the tanks to remain permanently in place.              
          After considering all of the evidence, we agree with petitioner             
          that, when dealing with refined products, it is reasonably likely           

               19Whether the taxpayer owned or leased the land on which the           
          property was located is not determinative for purposes of this              
          factor.  In Scott Paper Co. v. Commissioner, 74 T.C. 137, 144               
          (1980), we held that a part of the electrical distribution system           
          of a pulp and paper making plant was not an inherently permanent            
          structure, without even addressing whether the taxpayer owned the           
          land on which the plant was located.                                        

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