- 33 - 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...)Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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