Hospital Corporation of America and Subsidiaries - Page 27

                                       - 115 -                                        

          constituted personal property because it satisfied the "sole                
          justification" test inasmuch as the boiler facility was                     
          "designed, constructed, and operated for the essential purpose              
          and primary function of steam production, in order to furnish               
          additional air, and to provide the required temperature and                 
          humidity requirements essential in the manufacture of the                   
          furniture."  Id. at 8.  Respondent contends that Rev. Rul. 70-160           
          is inapposite because heating the buildings was the primary                 
          purpose for the boilers.                                                    
               We are not persuaded that the boilers in the subject                   
          category were designed, constructed, and operated solely to                 
          provide steam for the operation of petitioners' hospital                    
          equipment and that heating the buildings is merely an incidental            
          function of the boilers.  We also do not agree with respondent              
          that producing high-pressure steam for petitioners' equipment is            
          an incidental function of the boilers.  Based on the record, we             
          conclude that the boilers were installed to, and did, serve dual            
          functions.  There is no evidence that petitioners had any other             
          heating system for their building outside of the subject boilers.           
          Heat is essential for the operation of buildings.  However, we              
          also are convinced that high-pressure steam is essential for the            
          operation of certain hospital equipment.  Under the circumstances           
          present in the instant case, we find that both providing heat for           
          the buildings and providing high-pressure steam for the hospital            





Page:  Previous  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  Next

Last modified: May 25, 2011