- 35 - 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; electricPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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