- 40 - transtackers. The top surface of the concrete slab under the racks is constructed with an F100 or "superflat" finish, which is smoother and more level than a conventional concrete floor. The concrete slab floor, although modified for design considerations, is still clearly a structural component of the Reserve Facility. Petitioner has provided no meaningful method to allocate any portion of the total expense of the concrete slab floor to the cost of the superflat finish. Rule 142(a). 3. Roof and Wall Panels Petitioner contends that, even if the roof and the wall panels might otherwise constitute parts of a building, these items still qualify for an ITC under section 1.48-1(e)(1)(ii), Income Tax Regs., which excludes from the term "building": a structure which houses property used as an integral part of an activity specified in section 48(a)(1)(B)(i) if the use of the structure is so closely related to the use of such property that the structure clearly can be expected to be replaced when the property it initially houses is replaced. * * * Petitioner argues that the exception provided in section 1.48-1(e)(1)(ii), Income Tax Regs., applies here, because if the racks were to be replaced, the roof and the walls would also have to be replaced. However, petitioner does not contend that it participates in any activity specified in section 48(a)(1)(B)(i). Rather, it argues that the same tests apply in determiningPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011