Leo and Evelyn Trentadue - Page 21




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          quickly removed, the damage to the property would be great.                 
          Accordingly, this factor works both ways and is neutral, not                
          favoring petitioners or respondent.                                         
          (b) The well is permanently affixed to the realty, and,                     
          accordingly, this factor favors respondent.  We note that the old           
          well was disabled by perforation and filling rather than removal            
          from the ground.                                                            
               6.  The sixth factor addresses “the manner of affixation of            
          the property to the land?”  Id.  In Whiteco the Court noted that            
          “The poles on which the * * * [taxpayer’s] signs are mounted are            
          placed in the ground and surrounded by concrete; yet, such poles            
          can easily be removed from the ground, and as a matter of                   
          practice, they are so removed.”  Id.                                        
          (a) Petitioners’ trellising, similar to the advertising                     
          signs in Whiteco Indus., Inc. v. Commissioner, 65 T.C. 664                  
          (1975), were placed in the ground to a depth of 2 to 3 feet.                
          Unlike the posts in Whiteco, petitioners’ trellising posts were             
          not set in concrete, making them even less difficult to remove              
          from the ground than the posts in Whiteco.  The posts are                   
          stabilized with wires and anchors which screw into the ground and           
          may be unscrewed.  Accordingly, the trellising component system             
          may easily be removed from the ground, favoring petitioners with            
          respect to this factor.                                                     








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