L.L. Bean, Inc., Leon Gorman, Tax Matters Person - Page 40

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          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 determining                  





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