L.L. Bean, Inc., Leon Gorman, Tax Matters Person - Page 45

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               essential for the operation of other machinery or the                  
               processing of materials or foodstuffs.  Machinery may                  
               meet the "sole justification" test provided by the                     
               preceding sentence even though it incidentally provides                
               for the comfort of employees, or serves, to an                         
               insubstantial degree, areas where such temperature or                  
               humidity requirements are not essential."  [Emphasis                   
               added.]                                                                

          To satisfy the "sole justification" test, petitioner must                   
          establish that the heating system is machinery, the sole                    
          justification for the installation of which was to meet                     
          temperature or humidity requirements which are essential for the            
          operation of other machinery.  Sec. 1.48-1(e)(2), Income Tax                
          Regs.  Petitioner has failed to present sufficient evidence                 
          demonstrating that the sole justification of the heating system             
          was essential for the operation of the sprinkler system.                    
          Furthermore, we have determined that the sprinkler system is not            
          machinery but rather a structural component of the Reserve                  
          Facility.  Therefore, the Reserve Facility's heating system is              
          ineligible for an ITC.                                                      

          B.  The Mezzanine System                                                    

               Petitioner also claimed an ITC for the costs of the                    
          Mezzanine System located on the ground floor of its two-story               
          1986 Shipping Building.  The Mezzanine System occupies                      
          approximately 290 feet by 219 feet of the 1986 Shipping Building            
          and consists of the following items:  (1) Ground-level storage              
          racks; (2) a horizontal steel structure joined to and mounted on            




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