Hospital Corporation of America and Subsidiaries - Page 97

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          identity symbols, and signs (except billboards) are tangible                
          personal property).  The parties agree further that the computer-           
          room air conditioners (Property Unit 3292) are 5-year property,             
          presumably because they satisfy the "sole justification" test of            
          section 1.48-1(e)(2), Income Tax Regs,49 and they consequently              

          48  (...continued)                                                          
               investment tax credit includes special lighting (including             
               lighting to illuminate the exterior of a building or store,            
               but not lighting to illuminate parking areas), false                   
               balconies and other exterior ornamentation that have no more           
               than an incidental relationship to the operation or                    
               maintenance of a building, and identity symbols that                   
               identify or relate to a particular retail establishment or             
               restaurant such as special materials attached to the                   
               exterior or interior of a building or store and signs (other           
               than billboards).  Similarly, floor coverings which are not            
               an integral part of the floor itself such as floor tile                
               generally installed in a manner to be readily removed (that            
               is it is not cemented, mudded, or otherwise permanently                
               affixed to the building floor but, instead, has adhesives              
               applied which are designed to ease its removal), carpeting,            
               wall panel inserts such as those designed to contain                   
               condiments or to serve as a framing for pictures of the                
               products of a retail establishment, beverage bars,                     
               ornamental fixtures (such as coats-of-arms), artifacts (if             
               depreciable), booths for seating, movable and removable                
               partitions, and large and small pictures of scenery,                   
               persons, and the like which are attached to walls or                   
               suspended from the ceiling, are considered tangible personal           
               property and not structural components.  Consequently, under           
               existing law, this property is already eligible for the                
               investment tax credit.  [S. Rept. 95-1263, at 117, 1978-3              
               C.B. (Vol. 1) 315, 415.]                                               

          49   Sec. 1.48-1(e)(2), Income Tax Regs., provides in pertinent             
          part as follows:                                                            
                    the term "structural components" does not                         
                    include machinery the sole justification for                      
                    the installation of which is the fact that                        
                                                             (continued...)           




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