- 77 - relays served specialized functions or specific equipment used in the taxpayer's citrus fruit processing business and therefore qualified for ITC. Respondent argues that the disputed property items comprising the branch electrical systems are not identical to the primary and secondary electrical systems involved in Scott Paper Co. v. Commissioner, supra, and Morrison, Inc. v. Commissioner, supra, or to the electrical connections involved in Duaine v. Commissioner, supra, or to the "special electrical or plumbing connections" described in Central Citrus Co. v. Commissioner, supra, and Rev. Rul. 66-299, supra. We, however, conclude that there are no material differences among those items and the disputed property items in the subject category. Respondent argues further that the wiring and conduit located in the walls or floors of the hospitals are inherently permanent because they are not movable. Movability, however, is not the sole determinant as to what constitutes section 1245 personal property. Kramertown Co. v. Commissioner, 488 F.2d at 731; Consolidated Freightways v. Commissioner, 708 F.2d at 1390; Everhart v. Commissioner, 61 T.C. at 331; Dixie Manor, Inc. v. United States, 44 AFTR 2d at 79-5444 to 79-5446, 79-2 USTC par. 9469. The fact that some of the wiring and conduit is contained in the walls and floors of the hospitals is not relevant in determining whether those items are personal property. We lookPage: Previous 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Next
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