- 13 - 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). InPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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