Hospital Corporation of America and Subsidiaries - Page 68

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               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.                                                    



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