Leo and Evelyn Trentadue - Page 19




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               (a) The installation of trellising is labor intensive, and,            
          likewise, the removal of the trellising would be labor intensive            
          if the components were being salvaged for future use.  Clearly,             
          the poles and likely the stakes could be easily salvaged for                
          reuse.  The wire and related materials and hardware, however,               
          would be more difficult and time consuming to salvage for reuse.            
          If one merely wished to remove the wire, posts, and related                 
          materials, but not for reuse, it could be accomplished quickly              
          with large equipment.  In these situations, the wood, wire, vines,          
          etc. are piled in the field and burned with the metal parts                 
          (including the wire) remaining after the fire.  The resulting               
          salvaged materials would not be suitable for reuse.                         


               3(...continued)                                                        
               1385, 1390 (9th Cir. 1983) (a variety of factors is                    
               considered, including, where possible, the function and                
               design of the component in issue, the intent of the                    
               taxpayer in installing the component, and the effect of                
               removal of the component on the building), affg. in                    
               part and  revg. in part 74 T.C. 768 (1980); Everhart v.                
               Commissioner, 61 T.C. 328, 331 (1973) (moveability per                 
               se does not determine whether or not property is                       
               personal property); Dixie Manor, Inc. v. United States,                
               44 AFTR 2d 79-5442, 79-2 USTC par. 9469 (W.D. Ky. 1979)                
               (fact that walls often are removed because of a change                 
               in design by itself is not sufficient), affd. without                  
               published opinion 652 F.2d 57 (6th Cir. 1981). The fact                
               that an item is not readily reusable in another                        
               location is evidence supporting the conclusion that it                 
               is to be treated as permanent in its present location.                 
               Mallinckrodt, Inc. v. Commissioner, 778 F.2d 402, 403                  
               (8th Cir. 1985), affg. per curiam T.C. Memo. 1984-532.                 
          Id. at 57-58.                                                               







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