L.L. Bean, Inc., Leon Gorman, Tax Matters Person - Page 42

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          of a building".  Scott Paper Co. v. Commissioner, 74 T.C. at 183.           
          In Scott Paper Co. v. Commissioner, supra at 182-183, which                 
          involved a claimed credit for electric wiring, we stated:                   

               Although we give great weight to respondent's                          
               regulations, it would be improper to read the words                    
               "electric wiring" in a vacuum and conclude that those                  
               electric cables, therefore, must be structural                         
               components.  Rather, the effect of the final element of                
               that same subparagraph, which reads "and other                         
               components relating to the operation or maintenance of                 
               a building," must be taken into account.  That final                   
               element functions as a descriptive phrase intended to                  
               present the basic test used for identifying structural                 
               components.  The preceding elements are examples of                    
               items which meet that test as a general rule.  Items                   
               which occur in an unusual circumstance and do not                      
               relate to the operation or maintenance of a building                   
               should not be structural components despite being                      
               listed in section 1.48-1(e)(2), Income Tax Regs. * * *                 
               Accordingly, the critical test * * * is whether they                   
               [the electric wiring and fixtures] relate to the                       
               overall operation and maintenance of a building.                       
               * * *  [Fn. refs. omitted.]                                            

          See also Everhart v. Commissioner, 61 T.C. at 331; Ponderosa                
          Mouldings, Inc. v. Commissioner, 53 T.C. 92, 96 (1969).                     
               In Scott, we held that "a logical and objective measure of             
          electrical load exists, allowing an allocation between the                  
          structural and process functions which are served by the                    
          electrical components."  Scott Paper Co. v. Commissioner, supra             
          at 185.  Based on this objective evidence, we held that the                 
          components of a primary electrical system were tangible personal            
          property to the extent they provided power for the taxpayer's               
          process machinery, and we disallowed ITC's only for the                     





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