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In JFM, Inc. & Subs. v. Commissioner, T.C. Memo. 1994-239,
we decided that the gasoline canopies were not permanently
affixed to the land, even though the canopies’ posts were bolted
onto special concrete footings. We observed that, once the posts
were unbolted, the concrete footings were the only “residual
structures remaining on the land.” Id.; see also Standard Oil
Co. (Ind.) v. Commissioner, 77 T.C. at 407, 409 (service station
sign poles bolted into concrete foundations were not permanently
affixed); Fox Photo, Inc. v. Commissioner, T.C. Memo. 1990-348
(1-hour photo labs attached to their foundations, but easily
removable, were not permanently affixed); Film N’ Photos, Inc. v.
Commissioner, supra (photo merchandising units attached to
concrete bases that only rested on the parking lot were not
permanently affixed to the land).
Unlike the property in Whiteco or JFM, CITGO’s tanks are not
buried underground or bolted to their foundations; the tanks rest
on top of their foundations. Contending that the tanks’ “massive
weight and size * * * make them sufficiently affixed to the land
for Whiteco purposes”, respondent relies on Siler v.
Commissioner, T.C. Memo. 1985-257.
In Siler, the property at issue was six horizontally
positioned petroleum product storage tanks with 11,500- to
17,500-gallon capacities, which were cradled in the U-shaped top
of concrete or brick piers extending 30 inches below ground. The
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