L.L. Bean, Inc., Leon Gorman, Tax Matters Person - Page 49

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          located near the center of the 1986 Shipping Building serve all             
          building levels including a specific stop for the mezzanine                 
          level.  Finally, openings are constructed in the masonry walls of           
          the 1986 Shipping Building to provide access to the mezzanine               
          level from the adjacent 1979 Shipping Building.  Together, these            
          factors indicate that the Mezzanine System is integrated with,              
          and relates to, the operation or maintenance of the 1986 Shipping           
          Building.                                                                   
               Nevertheless, petitioner contends that the Mezzanine System            
          was designed to be flexible and that it will be removed in the              
          near future to allow for changes in the operation of the 1986               
          Shipping Building.  The evidence, however, reveals that                     
          petitioner did not change the Mezzanine System in any significant           
          manner during the 10 years following its installation.                      
          Furthermore, petitioner estimates that the removal of the                   
          Mezzanine System components will take six to eight people a                 
          little over 1 month to accomplish.  However, this estimate did              
          not account for the time and effort required to disconnect the              
          electrical wiring, communications cables, sprinkler systems, and            
          duct work connected to the Mezzanine System.  We find that the              
          substantial time and effort involved in both the construction and           
          potential removal of the Mezzanine System, as well as the degree            
          of integration with the 1986 Shipping Building, further reflect             
          the permanent nature of the Mezzanine System.                               






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