- 51 - The foregoing statutory and regulatory provisions support a conclusion that Congress intended that the same tests be used to ascertain whether property constitutes section 1245 class property or section 1250 class property for purposes of ACRS as are applied for purposes of determining whether property qualifies for ITC. See also Schrum v. Commissioner, 33 F.3d 426, 437 (4th Cir. 1994), affg. in part and vacating and remanding in part on another issue T.C. Memo. 1993-124, where the Court of Appeals observed: "That the classes of section 38 property and section 1245 property are, for present purposes, coextensive, is confirmed by Treasury Regulation � 1.1245-3(b)(1), which, in defining section 1245 property, makes several references to Treasury Regulation � 1.48-1(c)." (Fn ref. omitted.) Respondent, however, contends that section 168(f)(1),38 which prohibits component depreciation, effectively operates to change the definition of tangible personal property for purposes of ACRS to eliminate from section 1245 class property, and to include in section 1250 class property, any item which is attached to a building and that has utility beyond its relation to a particular piece of property, even if under long-standing precedent the property constitutes personal property for purposes of section 38 and section 1245. We, however, do not agree. 38 See supra note 25.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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