- 89 - 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 sectionPage: Previous 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Next
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