Hospital Corporation of America and Subsidiaries - Page 28

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          equipment are essential functions of the boilers, and that                  
          neither function is incidental to the other.  Accordingly, the              
          "sole justification" test is not satisfied.  See sec. 1.48-                 
          1(e)(2), Income Tax Regs.                                                   
               Based on the foregoing, we conclude that the boilers are               
          analogous to the electrical distribution system involved in Scott           
          Paper Co. v. Commissioner, 74 T.C. 137 (1980).  The record,                 
          however, does not demonstrate the percentage of the steam                   
          produced by the boilers that is used to operate hospital                    
          equipment.  Consequently, we have no "logical and objective                 
          measure" of the portion of the boilers that would constitute                
          section 1245 personal property.  See Scott Paper Co. v.                     
          Commissioner, supra at 165.  Accordingly, we sustain respondent's           
          determination that the boilers must be depreciated over the same            
          period as the buildings to which they relate.                               
               To reflect the foregoing,                                              
          Appropriate orders                                                          
          will be issued.                                                             















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