Hospital Corporation of America and Subsidiaries - Page 69

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               Section 168(f)(1) only could apply to property that                    
          constitutes section 1250 class property as that term was                    
          understood at the time Congress enacted ACRS.  Neither the                  
          statute nor its legislative history reveals an intent by Congress           
          to redefine section 1250(c) to include property, which at that              
          time, was considered under long-standing precedent to constitute            
          section 1245 property.  Had Congress intended that outcome, we              
          believe Congress would have clearly set forth that intent in the            
          statute or in its legislative history.  To the contrary, the                
          statutory language supports petitioners' position.  Section                 
          168(f)(1)(A)(i) provides that "the deduction allowable under                
          subsection (a) with respect to any component (which is section              
          1250 class property) of a building shall be computed in the same            
          manner as the deduction allowable with respect to such building".           
          (Emphasis added.)  Thus, the statutory provision plainly and only           
          speaks to section 1250 class property, which section 168(g)(4)              
          defines as property described in section 1250(c).  As discussed             
          supra, the regulations under section 1250(c) incorporate by                 
          reference section 1.1245-3(c), Income Tax Regs., which                      
          incorporates by reference section 1.48-1(e), Income Tax Regs.               
          Accordingly, we conclude that the statutory language manifests a            
          congressional intent to retain the prior law  distinction between           
          components that constitute section 1250 class property and                  
          property items that constitute section 1245 class property.                 





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