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class intact, the section 1250 property used in that
trade was again included in the class except as it
might also fall under Building Services. * * * [Id. at
1008-1009.]
The Court of Appeals felt that the foregoing was the obvious
inference to be drawn from the history that Court had narrated.
We had denied petitioner's claim that, since certain of its
leasehold improvements did not constitute the structural shell of
a building or an integral part thereof (thus being classifiable
under Class 65.0, Building Service), they were classified in
asset depreciation range (ADR) 57.0, Distributive Trades and
Services (the successor to Class 50.0, see below). We rejected
petitioner's claim on the ground that the Treasury Department had
failed to represcribe section 1250 property "explicitly".
The Court of Appeals stated:
We hold that Class 50.0 (now 57.0), Wholesale and
Retail Trade, includes all section 1250 property not
classified in Class 65.0, Building Services, and
therefore remand to the Tax Court for a determination
whether any of Walgreen's leasehold improvements are
section 1250 property not classified in Class 65.0, in
which event Walgreen is entitled to depreciate it, for
the taxable years in question, on the basis of a useful
life of 10 years. [Walgreen Co. & Subs. v.
Commissioner, 68 F.3d at 1010.]
We now address that task.
The relevant part of Class 65.0, Building Services, reads as
follows:
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