Badger Pipe Line Company - Page 14

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          this connection, we find it significant that petitioner could not           
          have removed and relocated 1,000 feet of 1968 pipe without                  
          disrupting its entire pipeline system.                                      
               Respondent describes the use of new pipe (the 1991 pipe) as            
          "a controlling fact".  We think that, under the circumstances               
          herein, respondent's reliance on this element is misplaced.  The            
          courts have consistently recognized that the mere use of new                
          materials does not prevent an expenditure from being classified             
          as "repairs".  See United States v. Wehrli, 400 F.2d at 689;                
          Niagara Mohawk Power Corp. v. United States, 214 Ct. Cl. 686, 558           
          F.2d 1379, 1388 (1977); Red Star Yeast & Prods. Co. v.                      
          Commissioner, 25 T.C. 321, 349 (1955); Buckland v. United States,           
          66 F. Supp. 681, 683 (D. Conn. 1946).  The key consideration is             
          the overall purpose of the relocation and the context in which it           
          occurred.                                                                   
               On the facts of this case, we hold that petitioner is                  
          entitled to a current deduction for the costs of the relocation.            
               To implement our holding and concessions,                              
                                                  Decision will be entered            
                                             under Rule 155.                          












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