L.L. Bean, Inc., Leon Gorman, Tax Matters Person - Page 35

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          transtackers, its primary purpose is to support the racks and               
          other structural elements of the Reserve Facility.  Consequently,           
          as in Munford, the structural elements here have a function                 
          independent of supporting the machinery, which indicates that the           
          structural elements are not so closely related to the machinery             
          that they should be considered in the nature of machinery                   
          themselves.  Id. at 492-493.                                                
               Nevertheless, petitioner contends that it is entitled to an            
          ITC for the separate components of the Reserve Facility                     
          individually, which include:  (1) The storage rack system; (2)              
          the superflat concrete slab; (3) the roofing and the wall panels;           
          and (4) miscellaneous systems (consisting of heating,                       
          ventilation, electrical, and fire protection systems).                      
          Respondent, on the other hand, contends that these individual               
          items constitute inherently permanent structural components of              
          the Reserve Facility and, therefore, do not qualify as section 38           
          property.                                                                   
               Section 1.48-1(e)(2), Income Tax Regs., explains the meaning           
          of "structural components" mainly by illustration rather than by            
          definition:                                                                 

               The term "structural components" includes such parts of                
               a building as walls, partitions, floors, and ceilings,                 
               as well as any permanent coverings therefor such as                    
               panelling or tiling; windows and doors; all components                 
               (whether in, on, or adjacent to the building) of a                     
               central air conditioning or heating system, including                  
               motors, compressors, pipes and ducts; plumbing and                     
               plumbing fixtures, such as sinks and bathtubs; electric                




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