Hospital Corporation of America and Subsidiaries - Page 61

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          structural components of nonresidential real property, as                   
          respondent contends they do.                                                
          The Meaning of Section 1245 Class Property Under ACRS and MACRS.            
               Respondent does not dispute for purposes of the instant case           
          that petitioners' business is described in Asset Guideline Class            
          57.0 (Class 57.0).  Rev. Proc. 83-35, 1983-1 C.B. at 762, and               
          Rev. Proc. 87-56, 1987-2 C.B. at 686, describe Class 57.0 as                
          follows: "Distributive Trades and Services:  Includes assets used           
          in wholesale and retail trade, and personal and professional                
          services.  Includes section 1245 assets used in marketing                   
          petroleum and petroleum products".  Both revenue procedures                 
          prescribe a 9-year class life for assets in Class 57.0.  Rev.               
          Proc. 83-85, supra; Rev. Proc. 87-56, supra.  ACRS and MACRS both           
          provide that property with a 9-year class life is depreciable               
          over a 5-year period.  Sec. 168(c)(2)(B) (1985 and 1986); sec.              
          168(c), (e)(1) (1986 and 1987).  Consequently, unless the                   
          disputed property items constitute section 1250 class property,             
          they are depreciable over 5-year periods because petitioners'               
          businesses fall within the category "personal and professional              
          services".                                                                  
               Petitioners contend that the disputed property items                   
          constitute section 1245 class property pursuant to the Code,                
          relevant legislative history, relevant income tax regulations,              
          respondent's long-standing rulings, and prior decisions of this             
          Court and, therefore, are properly depreciable over 5-year                  



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