Badger Pipe Line Company - Page 13

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          respondent's expert as to the impact of the differences in                  
          characteristics between the 1991 pipe and the 1968 pipe.  The               
          relocation herein involves the same kind of analysis that would             
          cause us to treat the replacement of a small number of slate                
          tiles in a roof as repairs, while requiring a replacement of the            
          roof or a major portion thereof to be classified as capital in              
          nature.  Cf. Pierce Estates, Inc. v. Commissioner, 16 T.C. 1020,            
          1026 (1951), revd. on another issue 195 F.2d 475 (3d Cir. 1952);            
          see Fire Companies Bldg. Corp. v. Burnet, supra.  In a similar              
          vein, we find respondent's reliance on Rev. Rul. 73-203, 1973-1             
          C.B. 146, and Rev. Rul. 82-12, 1982-1 C.B. 52, misplaced.  Aside            
          from the fact that such rulings do not have binding effect, see             
          Northern Ind. Pub. Serv. Co. v. Commissioner, 105 T.C. 341, 350             
          (1995), affd. 115 F.3d 506 (7th Cir. 1997), both rulings involved           
          replacement or relocation of substantial portions of public                 
          utility systems.                                                            
               The purpose of the Route 83 relocation was simply to keep              
          the 1968 pipeline in its normal, ordinary and efficient operating           
          condition.  Plainfield-Union Water Co. v. Commissioner, supra;              
          see also Chicago, Burlington & Quincy R. Co. v. United States, 97           
          Ct. Cl. 264, 455 F.2d 993 (1972) (construction projects to                  
          protect and maintain rail embankments), revd. on another issue              
          412 U.S. 401 (1973); Polyak v. Commissioner, 94 T.C. 337, 347-348           
          (1990) (floorboard replacement limited to damaged sections).  In            





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