Hospital Corporation of America and Subsidiaries - Page 63

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               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...)           



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