- 41 - whether property is a building, regardless of whether the ultimate issue is whether the property qualifies under section 48(a)(1)(A) or (B). Petitioner relies upon L&B Corp. v. Commissioner, 88 T.C. 744, 760-761 (1987), revd. on other grounds 862 F.2d 667 (8th Cir. 1988), and Munford, Inc. v. Commissioner, 87 T.C. at 478 n.9, in support of this argument. Although these cases hold that the general definition of the term "building" is similar under section 48(a)(1)(A) and (B), the exception provided by section 1.48-1(e)(1)(ii), Income Tax Regs., specifically requires that the structure house property which is used as an integral part of an activity specified in section 48(a)(1)(B)(i). Neither L&B Corp. nor Munford undermines this requirement. Therefore, because petitioner does not participate in any activity specified in section 48(a)(1)(B)(i), this exception does not apply to the facts in this case. Consequently, the roof and the walls of the Reserve Facility are structural components in accordance with section 1.48-1(e)(2), Income Tax Regs. 4. Miscellaneous Systems The remaining components of the Reserve Facility in issue are the electrical, heating, ventilation, and fire protection systems. While recognizing that these items are specifically included as examples of items which constitute "structural components" in section 1.48-1(e)(2), Income Tax Regs., petitioner insists that they do not "relate to the operation or maintenancePage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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