- 14 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011