L.L. Bean, Inc., Leon Gorman, Tax Matters Person - Page 36

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               wiring and lighting fixtures; chimneys; stairs,                        
               escalators, and elevators, including all components                    
               thereof; sprinkler systems; fire escapes; and other                    
               components relating to the operation or maintenance of                 
               a building.  * * *                                                     

          To the extent that any of the components relate to the overall              
          operation and maintenance of the Reserve Facility, they are                 
          structural components of such and do not qualify as tangible                
          personal property.  Scott Paper Co. v. Commissioner, 74 T.C. 137,           
          182-183 (1980).                                                             

               1.  The Storage Rack System                                            

               The Reserve Facility does not have a standard column grid              
          typically used to support the roof and the walls in a free-                 
          standing building.  Instead, the storage rack system is the                 
          structural support for the Reserve Facility.  Therefore, the                
          storage rack system not only provides shelving for the storage of           
          petitioner's merchandise; it also provides the primary structural           
          support for the walls and the roof of the Reserve Facility.                 
          Petitioner contends, however, that the support function of the              
          storage rack system is secondary to that of providing racks and             
          shelving for storage, and, therefore, the racks are not a                   
          structural component of the Reserve Facility.  Petitioner relies            
          on Rev. Rul. 79-183, 1979-1 C.B. 44; Rev. Rul. 79-181, 1979-1               
          C.B. 41; and Rev. Rul. 74-391, 1974-2 C.B. 9, in support of its             
          contention.                                                                 





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