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period with respect to the 1990-91 furniture and fixtures had been
put into play by respondent. Section 6214 provides us with
jurisdiction to determine an increased deficiency if a claim
therefor is asserted by the Secretary at or before the hearing.
Respondent has not relied on section 6214, so we assume that
respondent does not argue that he asserted a timely, appropriate
claim. We conclude that the recovery period applicable to the 1990-
91 furniture and fixtures is not before the Court for decision.
B. Applicable Recovery Period; Class Life
Section 168(c) provides that the applicable recovery period of
5-year property is 5 years and the applicable recovery period of
7-year property is 7 years. Section 168(e)(1) generally defines
5-year property as property having a class life of more than 4
years, but less than 10 years, and 7-year property as property
having a class life of 10 years or more, but less than 16 years.
“Class life”, as defined by section 168(i)(1), is determined by
reference to former section 167(m), as in effect prior to its repeal
by the Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-508,
sec. 11812(a), 104 Stat. 1388, 1388-534. Section 167(m) provided for
a depreciation allowance based upon the class life prescribed by the
Secretary of the Treasury or his delegate. The class lives of
depreciable assets can be found in a series of revenue procedures
issued by the Commissioner. See sec. 1.167(a)-11(b)(4)(ii), Income
Tax Regs. The revenue procedure in effect for the years in issue in
this case is Rev. Proc. 87-56, 1987-2 C.B. 674 (Rev. Proc. 87-56).
Rev. Proc. 87-56 divides assets into two broad categories: (1)
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