- 38 - Here, we have previously determined that the storage rack system does not function as part of a machine. Additionally, we find that the storage rack system provides more than a mere "incidental" structural support function. Even if structural support is not the "primary" function of the racks, it is certainly more than "incidental" to their other functions. Moreover, the storage rack system is a permanent part of the Reserve Facility. It is the main structural support for the Reserve Facility, a structure that we have already found to be inherently permanent. Without the storage rack system, the roof and most of the walls of the Reserve Facility would collapse. Therefore, we find that the storage rack system is an inherently permanent structural component of the Reserve Facility and does not qualify as section 38 property. 2. Concrete Slab Floor Petitioner maintains that the concrete slab floor is also an item of machinery because it was specially designed to support the storage rack system and the transtackers. In support of this argument, petitioner again relies upon Rev. Rul. 79-183, supra, and Rev. Rul. 79-181, supra, in addition to our determination in Texas Instruments, Inc. v. Commissioner, T.C. Memo. 1992-306, where we held that a specially designed floor was essential to the operation of the taxpayer's machinery, notwithstanding the fact that part of the floor was used for activities that did notPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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