Hospital Corporation of America and Subsidiaries - Page 115

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          hoods and exhaust systems dissipate air and smoke produced by the           
          ranges and cooking equipment located in the kitchens, ventilate             
          the air in the kitchen areas of petitioners' hospitals in order             
          to ensure the proper operation of petitioners' kitchen equipment,           
          replace the air expelled from the kitchens, and remove steam and            
          humidity expelled by petitioners' kitchen dishwashers in order to           
          keep the dishwashers operating properly.  The kitchen hoods and             
          exhaust systems do not serve to ventilate areas of the hospitals            
          other than the kitchen areas.  The dishwasher exhaust fans and              
          related duct work operate solely to exhaust steam and other                 
          vapors from the dishwashers.  The dishwasher condensate return              
          units are dedicated solely to providing emergency hot water for             
          the hospital dishwashers.  The piping is attached to the hospital           
          buildings and runs directly from a dishwasher to a boiler and               
          back to the dishwasher.                                                     
               Petitioners contend that the disputed property items in the            
          subject category are not structural components of a building, but           
          are section 1245 class property, depreciable over 5-year periods.           
          Petitioners maintain that removal of the disputed property items            
          would not affect the hospitals' main water piping or sanitary               
          drainage.  Petitioners contend that those items do not relate to            
          general building plumbing and thus do not relate to the operation           
          or maintenance of a building.  Petitioners rely on the "sole                
          justification" test of section 1.48-1(e)(2), Income Tax Regs., to           
          support their contention that the kitchen hoods and exhaust                 



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