PDV America, Inc. and Subsidiaries - Page 32

                                       - 32 -                                         
          relocation but is silent as to the amount of time required to               
          remove a tank using that method.  The record does show that with            
          the dismantling and reconstruction method described in API                  
          Standard 653, a crew can remove the tank in about 1 week.                   
               Although the removal of tanks with these methods has the               
          potential to require more time and larger crews than the removal            
          of other types of property at issue in past cases, we do not                
          think that the time and crew requirements for removing tanks are            
          too substantial.  Moreover, petitioner has demonstrated that it             
          is possible to remove tanks in a relatively short amount of time.           
          We also cannot agree with respondent that the complex procedures            
          for removing tanks, which are carried out by professionals                  
          familiar with the technology, render the job too substantial.               
               On the basis of the foregoing, this factor favors                      
          petitioner.                                                                 
          E.  How Much Damage Will the Property Sustain Upon Its Removal?             
               In Whiteco Indus., Inc. v. Commissioner, 65 T.C. at 673, we            
          observed that “much” of an outdoor advertising sign was not                 
          damaged upon its removal.  We also noted that a sign’s removal              
          generated no wastage, except for the portion of the poles                   
          surrounded by concrete, and, if the sign was removed at the end             
          of an advertising contract, the sign face was replaced.  Id.                









Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011