- 67 - to the operation and maintenance of petitioners' buildings. See supra p. 12. Petitioners contend that the portion of the primary and secondary electrical distribution systems which carry electrical loads to particular items of business equipment constitutes section 1245 class property within the meaning of sections 1.48- 1(c) and 1.1245-3(b), Income Tax Regs., because that portion of the electrical distribution systems does not relate to the operation or maintenance of a building. Respondent counters that those disputed property items are structural components of the buildings to which they relate because they are inherently permanent and are not readily removable. Respondent agrees that our decision in Morrison, Inc. v. Commissioner, supra, as affirmed by the Court of Appeals for the Eleventh Circuit, provides authority for petitioners' position that the primary and secondary electrical distribution systems are not structural components to the extent of the load percentages that the parties stipulated are carried to equipment. Our holding in Morrison follows our holding in Scott Paper Co. v. Commissioner, 74 T.C. 137, 186-187 (1980), that the portion of the taxpayer's primary electrical distribution system which did not relate to the overall operation or maintenance of buildings constituted tangible personal property under section 48(a)(1)(A) and therefore was eligible for ITC. Respondent, however, urgesPage: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
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