Hospital Corporation of America and Subsidiaries - Page 113

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          the kitchen drainage system and kitchen water piping constituted            
          personal property, is squarely applicable to the instant case.              
               Respondent contends that the disputed property items are               
          structural components.  Respondent agrees that the disputed                 
          property items are factually similar to property items involved             
          in Morrison, Inc. v. Commissioner, supra.  Respondent asserts,              
          however, that in Morrison the taxpayers had argued that the                 
          kitchen water piping was eligible for ITC as "other tangible                
          property".  Respondent contends that a holding that the disputed            
          property items are "other tangible property" would result in                
          those items constituting section 1250(c) property because                   
          petitioners are not involved in an activity enumerated in section           
          1245(a)(3)(B).  Respondent additionally maintains that the                  
          disputed property items are not unique to hospitals.                        
               The terms "plumbing and plumbing fixtures" are listed                  
          specifically in section 1.48-1(e)(2), Income Tax Regs., as                  
          constituting structural components of a building.  Nonetheless,             
          in Morrison, Inc. v. Commissioner, supra, we focused on the use             
          of the kitchen drains and concluded that the kitchen drainage               
          system did not relate to the operation or maintenance of a                  
          building but rather constituted personal property because it                
          directly serviced the taxpayers' equipment and machinery.                   
          Similarly, we concluded that the cafeterias' kitchen water piping           
          was necessary to and used directly with specific pieces of                  





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