Hospital Corporation of America and Subsidiaries - Page 94

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          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 look             





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