Norwest Corporation and Subsidiaries - Page 38

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                    Section 38 property (defined in sec. 48(a)),                      
                    is the only property (either new or used)                         
                    which is treated as "qualified investment."                       
                    Except for the exclusions noted below, all                        
                    tangible personal property qualifies as                           
                    section 38 property.  Except for buildings and                    
                    their structural components, real property                        
                    which is  used  as  an  integral  part  of                        
                    manufacturing, production or extraction or of                     
                    furnishing transportation, communications,                        
                    electrical energy, gas, water or sewage                           
                    disposal services also qualifies as section 38                    
                    property.  This is also true of real property                     
                    (other than buildings and structural                              
                    components) used for research or storage                          
                    facilities with respect to any of the above                       
                    categories.  Tangible personal property is not                    
                    intended to be defined narrowly here, nor to                      
                    necessarily follow the rules of State law.  It                    
                    is intended that assets accessory to a                            
                    business such as grocery store counters,                          
                    printing presses, individual air-conditioning                     
                    units, etc., even though fixtures under local                     
                    law, are to qualify for the credit.                               
                    Similarly, assets of a mechanical nature, even                    
                    though located outside a building, such as                        
                    gasoline pumps, are to qualify for the credit.                    
                    Real property (other than buildings and                           
                    structural components) which qualifies as                         
                    integral parts of categories referred to above                    
                    includes such assets as blast furnaces, oil                       
                    and gas pipelines, railroad track and signals,                    
                    and fences used in connection with raising                        
                    cattle.                                                           
          S. Rept. 1881, 87th Cong., 2d Sess. (1962), 1962-3 C.B. 703, 722.           
               As I read the majority opinion, the sole stated reason for             
          holding that the computer software at issue is tangible personal            
          property, qualifying for the investment tax credit, is as follows:          
                    In light of the legislative directive to                          
                    construe the term "tangible personal property"                    
                    broadly and "[t]he objective of the investment                    
                    credit * * * to encourage modernization and                       
                    expansion of the Nation's productive                              
                    facilities and thereby improve the economic                       




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Last modified: May 25, 2011