Walgreen Co. & Subsidiaries - Page 7

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          arguably fall within Wholesale and Retail Trade (or Distributive            
          Trades and Services), they more logically and comfortably fit               
          within Building Services, and so must be included in that class.            
          We reach this conclusion without resorting to an analysis of real           
          property concepts of "fixtures", a legal analysis which might               
          well require us to go beyond the parameters of our assigned fact            
          finding task.  Instead, we compare the items in controversy with            
          the descriptions contained in Rev. Proc. 72-10.  The items in               
          categories 1 through 4, above, fall squarely within "equipment              
          that services * * * illumination * * * and any additions to                 
          buildings or their components, capitalized remodeling costs, and            
          partitions both permanent and semipermanent", and we so find.               
          Rev. Proc. 72-10, supra at 730 (emphasis added).                            
               On the other hand, all of the items referred to in category            
          5 can be described as "assets used in such activities as the                
          operation of restaurants, cafes, * * *" and are not building                
          components.  Id.  These items are largely decorative and not                
          integral parts of any structural shell.  They therefore fall                
          exclusively within Class 50.0, Wholesale and Retail Trade or,               
          alternatively, Class 57.0, Distributive Trades and Services.                
          Rev. Proc. 72-10, supra; Rev. Proc. 83-35, supra.                           
               In petitioner's supplemental brief, filed in response to an            
          Order of this Court following the reversal and remand of our                
          prior Opinion, petitioner argues that a taxpayer providing                  





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