Hospital Corporation of America and Subsidiaries - Page 106

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          location, it was discarded because of potential health hazards              
          resulting from its placement in hospital buildings.                         
               Respondent's reliance on Minot Fed. Sav. & Loan Association            
          v. United States, supra, is misplaced.  Carpeting was not in                
          issue in Minot.  In the passage quoted above and cited by                   
          respondent, the District Court admonished the Government for                
          taking an inconsistent and contrary position (that removable                
          partitions were structural components) from the principles and              
          rationale of Rev. Rul. 67-349 (that "wall-to-wall" carpeting was            
          tangible personal property).  The District Court did not find               
          that carpeting per se constitutes a structural component.  The              
          Minot case, furthermore, predates the Senate Finance Committee              
          report for the 1978 Revenue Act wherein carpeting specifically is           
          identified as tangible personal property.  S. Rept. 95-1263,                
          1978-3 C.B. (Vol. 1) at 415.                                                
               Based on the foregoing, we hold that the carpeting in the              
          subject category constitutes tangible personal property and that            
          it is depreciable over a 5-year recovery period.                            
               7.  Vinyl Wall Coverings                                               
               The vinyl wall coverings (Property Unit 2380) in the subject           
          category are the original vinyl wall coverings placed in                    
          petitioners' facilities during construction.  See supra p. 19.              
               Petitioners contend that the vinyl wall coverings are not              
          structural components of petitioners' buildings, but are section            





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