- 37 - In Rev. Rul. 79-181, supra, the Commissioner determined that structural columns which were specifically designed to support 400-ton cranes and craneway structures were tangible personal property, because they functioned as part of the specific items of machinery with which they were associated. The Commissioner determined that "Any function they may have as building components is strictly incidental to their essential function as a part of those items of machinery or equipment." Rev. Rul. 79- 181, supra, 1979-1 C.B. at 42. Similarly, in Rev. Rul. 79-183, supra, the Commissioner determined that a foundation which was specially constructed to support several stamping presses was an essential part of that machinery. Although the foundation also served as a floor, that use was "strictly incidental to the use that necessitated its special design." Rev. Rul. 79-183, supra, 1979-1 C.B. at 45. Likewise, in Rev. Rul. 74-391, supra, 1974-2 C.B. at 9, the Commissioner held that a raised false floor which was designed and constructed "only to provide access" for the installation and operation of computer equipment was essentially part of that equipment and not a structural component of the building. Respondent has thus allowed an ITC for certain property which is essentially part of machinery or equipment, notwithstanding the fact that it has an incidental function as a structural component of a building or an inherently permanent structure.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011