- 80 - 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...)Page: Previous 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Next
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