L.L. Bean, Inc., Leon Gorman, Tax Matters Person - Page 22

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          Facility and the Mezzanine System constitute tangible personal              
          property within the meaning of section 48(a)(1)(A).                         
               The term "tangible personal property" is defined in section            
          1.48-1(c), Income Tax Regs., as follows:                                    

               any tangible property except land and improvements                     
               thereto, such as buildings or other inherently                         
               permanent structures (including items which are                        
               structural components of such buildings or structures).                
               * * *  Tangible personal property includes all property                
               (other than structural components) which is contained                  
               in or attached to a building.  Thus, such property as                  
               production machinery, printing presses, transportation                 
               and office equipment, refrigerators, grocery counters,                 
               testing equipment, display racks and shelves, and neon                 
               and other signs, which is contained in or attached to a                
               building, constitutes tangible personal property for                   
               purposes of the credit allowed by section 38.  Further,                
               all property which is in the nature of machinery (other                
               than structural components of a building or other                      
               inherently permanent structure) shall be considered                    
               tangible personal property even though located outside                 
               a building.  * * *                                                     

          Therefore, section 48(a)(1)(A), unlike section 48(a)(1)(B),                 
          generally excludes from its scope not only buildings, but also              
          other inherently permanent structures and their structural                  
          components.                                                                 
               To determine whether property is tangible personal property,           
          we must first determine whether that property is a "building"               
          within the meaning of section 1.48-1(e)(1), Income Tax Regs.                
          Loda Poultry Co. v. Commissioner, 88 T.C. 816, 824 (1987);                  
          Munford, Inc. v. Commissioner, supra at 477.  The term "building"           
          is generally defined as:                                                    





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