- 46 - To resolve that issue, we look to the language of the statute. Because the relevant ACRS and MACRS provisions differ, we discuss separately our conclusion that, in prohibiting component depreciation, Congress did not intend to eliminate from 5-year property those disputed property items which would satisfy the definition of tangible personal property pursuant to section 1245(a)(3)(A) prior to the enactment of ACRS or MACRS. ACRS As we discussed supra, to be classified as 5-year property the disputed property items must constitute section 1245 class property. Sec. 168(c)(2)(B).31 Section 1245 class property consists of "tangible property described in section 1245(a)(3) other than subparagraphs (C) and (D)."32 Sec. 168(g)(3).33 On 31 For taxable years ended 1984 and 1985, sec. 168(c)(2)(B) provides as follows: (B) 5-year property.--The term "5-year property" means recovery property which is section 1245 class property and which is not 3-year property, 10-year property, or 15-year public utility property. 32 Sec. 1245(a)(3) provides as follows: (3) Section 1245 Property.--For purposes of this section, the term "section 1245 property" means any property which is or has been property of a character subject to the allowance for depreciation provided in section 167 (or subject to the allowance of amortization provided in section 185) and is either-- (A) personal property, (B) other property (not including a building or its structural components) but only if such other (continued...)Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
Last modified: May 25, 2011