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"recovery property". The term "recovery property" is defined in
relevant part to mean "tangible property of a character subject
to the allowance for depreciation * * * used in a trade or
business". Sec. 168(c)(1) (1981). In the Simon case, we dealt
with two antique violin bows that the taxpayers, both
professional musicians, used in that trade or business. In the
Liddle case, we dealt with an antique viol, also used by a
professional musician in his trade or business. In both cases,
we rejected the Commissioner's argument that, for the instruments
to be property of a character subject to the allowance for
depreciation (i.e., recovery property within the meaning of
section 168(c)(1) (1981)), the taxpayers had to show the useful
life of the property. Liddle v. Commissioner, supra at 296;
Simon v. Commissioner, supra at 264. We found it sufficient that
the taxpayers had proven that the instruments were subject to
exhaustion, wear and tear, or obsolescence. Liddle v.
Commissioner, supra at 296-297; Simon v. Commissioner, supra.
In 1986, Congress extensively revised and restated section
168. Tax Reform Act of 1986 (TRA 86), Pub. L. 99-514, sec.
201(a), 100 Stat. 2121. As restated, section 168 is applicable
to property placed in service after 1986. TRA 86, Pub. L.
99-514, sec. 203(a)(1), 100 Stat. 2143. The term "recovery
property" does not appear in section 168, as restated. There is
no indication, however, that Congress intended to reimpose the
requirement, eliminated by ERTA, that a taxpayer must show the
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