L.L. Bean, Inc., Leon Gorman, Tax Matters Person - Page 34

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               Our inquiry in the instant case is thus not to consider                
          whether the Reserve Facility as a whole constitutes property in             
          the nature of machinery.  Rather, the question presented is                 
          whether the individual structural elements of the Reserve                   
          Facility qualify as property in the nature of machinery which is            
          eligible for an ITC.  The structural elements of the Reserve                
          Facility are fixed in place and are similar to the structural               
          elements involved in Munford.  The transtackers, like the                   
          refrigeration equipment in Munford, are the only components of              
          the Reserve Facility that could be considered to have a                     
          machinerylike function.  Petitioner has not shown that if it                
          became necessary to replace the transtackers in the Reserve                 
          Facility, it would be as economical to replace the entire                   
          facility, including the structural elements, as it would be to              
          replace only the transtackers.  Additionally, petitioner admits             
          that the walls and the roof of the Reserve Facility have a                  
          function separate and apart from merely supporting the                      
          transtackers.  Petitioner concedes that the purpose of the                  
          roofing and wall panels connected to the racks is merely to                 
          protect petitioner's inventory.  Although the guide tubes and the           
          electrical bus bars for the transtackers are attached to the                
          racks, the primary purpose of the racks is not to support this              
          equipment but, instead, to hold petitioner's merchandise and to             
          support the roof and the walls that protect the merchandise.                
          While the floor slab provides a smooth surface for the                      




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