Hospital Corporation of America and Subsidiaries - Page 50

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               Boilers are not easily removed.  The installation and/or               
          removal of a boiler would require a skilled mechanical                      
          subcontractor.                                                              
                                       OPINION                                        
               During taxable years ended 1985 through 1988, petitioners              
          constructed a number of hospital facilities, which they used in             
          their trade or business.  For purposes of our decision as to                
          petitioners' entitlement to depreciation deductions relating to             
          those facilities for those taxable years, the parties do not                
          agree on the appropriate recovery classes or recovery periods for           
          the disputed property items21 contained in the facilities.                  
          Resolution of that issue entails our decision as to whether the             
          disputed property items constitute section 1245 class property or           
          section 1250 class property.  The parties have stipulated that if           
          a disputed property item constitutes section 1245 class property,           
          it is depreciable over a 5-year recovery period, but if the                 
          disputed property item constitutes section 1250 class property,             
          it is depreciable over an 18-, 19-, or 31.5-year recovery period            
          (depending on when the item was placed in service).22                       


          21   The parties have agreed on the classification of a number of           
          property items relating to the constructed facilities, but they             
          are unable to agree as to the disputed property items described             
          supra.                                                                      
          22    The recovery period for real property placed in service               
          after March 15, 1984, but before May 9, 1985, generally is 18               
          years.  Deficit Reduction Act of 1984 (DRA-1984), Pub. L. 98-369,           
          sec. 111, 98 Stat. 634; Simplification of Imputed Interest Rules            
                                                             (continued...)           



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