Hospital Corporation of America and Subsidiaries - Page 86

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               Respondent contends further that the disputed property items           
          in the subject category are distinguishable from the primary and            
          secondary electrical distribution property items involved in                
          Scott Paper Co. v. Commissioner, supra, because in that case the            
          electrical components were readily removable, they were not                 
          inherently permanent, they were inextricably linked to and                  
          installed in conjunction with the addition of particular pieces             
          of machinery, and most of the electricity carried by the                    
          electrical components was conveyed to the new equipment.                    
               In Morrison, Inc. v. Commissioner, T.C. Memo. 1986-129, we             
          explained our rationale for finding a portion of the primary and            
          secondary electrical system in Scott Paper Co. eligible property            
          for ITC as follows:                                                         
               In Scott Paper Co., we concluded that the components of the            
               taxpayer's primary electric system which supplied the                  
               electric needs of process machinery rather than contributing           
               to the overall operation or maintenance of buildings, was              
               not an inherently permanent structure and the taxpayers were           
               entitled to the investment tax credit on these components.             
               In reaching this conclusion we placed great emphasis on the            
               language in section 1.48-1(e)(2), Income Tax Regs., which              
               defines "structural components" by listing examples and                
               including as the last line of the regulation "and other                
               components relating to the operation or maintenance of a               
               building."  In Scott Paper Co., supra at 183, we                       
               characterized that phrase as follows:                                  


          46  (...continued)                                                          
               section 48."  (Emphasis added)).                                       
          Thus, it is not clear whether Illinois Cereal actually supports             
          respondent's position.                                                      





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