Hospital Corporation of America and Subsidiaries - Page 75

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          property for purposes of ITC equally are applicable to decide               
          whether the property constitutes tangible personal property for             
          purposes of MACRS.  Accordingly, we conclude that, to the extent            
          a disputed property item would have qualified as tangible                   
          personal property for ITC, that property also will qualify as               
          tangible personal property for purposes of ACRS and MACRS.                  
               Additional Arguments                                                   
               Respondent further contends that the tests developed to                
          decide whether property qualified for ITC are inapplicable to               
          ascertain ACRS recovery classes or MACRS recovery periods because           
          ITC and ACRS and MACRS accomplish their capital cost incentives             
          in a different manner and focus on different factors.                       
          Respondent's arguments in support of that contention are premised           
          on the position that the ACRS and MACRS depreciation deductions             
          should be tied to the useful life of the property involved.  We             
          rejected a similar position in Simon v. Commissioner, 103 T.C.              
          247 (1994), affd. 68 F.3d 41 (2d Cir. 1995), and Liddle v.                  
          Commissioner, 103 T.C. 285 (1994), affd. 65 F.3d 329 (3d Cir.               
          1995), and we reject it here.                                               
               Other arguments raised by respondent in support of the                 
          position that the tests used to ascertain whether property                  
          qualifies as tangible personal property for ITC purposes are not            
          applicable for purposes of ACRS and MACRS also are without merit,           
          and we do not address them here.                                            





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