Hospital Corporation of America and Subsidiaries - Page 76

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               Respondent contends alternatively that all of the disputed             
          property items are structural components under an ITC analysis              
          and, consequently, constitute section 1250 class property.  We              
          now address that alternative position.                                      
          Classification of the Disputed Property Items as Section 1245               
          Class Property or Section 1250 Class Property.                              
               In General                                                             
               As discussed supra, the classification of disputed property            
          items as section 1245 class property, depreciable over a 5-year             
          recovery period, or section 1250 class property, depreciable over           
          the life of the related structure, depends upon a decision as to            
          whether the respective items constitute tangible personal                   
          property within the meaning of section 1.48-1(c), Income Tax                
          Regs., which would be section 1245 class property, or structural            
          components of the buildings to which they relate within the                 
          meaning of section 1.48-1(e)(2), Income Tax Regs., which would be           
          section 1250 class property.  See also secs. 1.1245-3(b)(1), (c),           
          1.1250-1(e)(3), Income Tax Regs.                                            
               Tangible Personal Property                                             
               The regulations define tangible personal property to include           
          "any tangible property except land and improvements thereto, such           
          as buildings or other inherently permanent structures (including            
          items which are structural components of such buildings or                  
          structures)".  Sec. 1.48-1(c), Income Tax Regs.  Local law does             
          not control for purposes of determining whether property is or is           




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