L.L. Bean, Inc., Leon Gorman, Tax Matters Person - Page 41

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          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 maintenance            




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