- 44 - 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-yearPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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