- 21 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: November 10, 2007