Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 83

                                         - 83 -                                       
          supra at 1008.  The Government had based one of its arguments for           
          affirmance on the assumption that the old (Rev. Proc. 62-21)                
          priority rule remained in effect (i.e., that any asset described            
          both in class 50.0 and class 65.0 would be deemed to be only in             
          class 65.0, for which a longer useful life coincidentally had been          
          specified).  Walgreen had not challenged that assumption, and,              
          immediately after reviewing the evolution of the asset                      
          classification system, the Seventh Circuit stated that it would             
          accept the assumption for purposes of deciding the appeal.  (The            
          Seventh Circuit remanded to the Tax Court to find whether any or all        
          of the leasehold improvements in question were excluded from class          
          50.0 by virtue of being described in class 65.0; we found that some         
          were and some were not.)                                                    
               Petitioner makes the simplistic argument that, since the               
          Seventh Circuit stated that class 50.0 (now class 57.0) included all        
          assets used in wholesale or retail trade except those in class 65.0,        
          and the furniture and fixtures would not be in class 65.0, they must        
          be in class 57.0.  We do not draw that conclusion.  The priority            
          rule of Rev. Proc. 62-21 provided not only that the asset category          
          of buildings prevailed over the activity category of wholesale and          
          retail trade but also that the asset category that included office          
          furniture and fixtures likewise prevailed.  The consideration that          
          the Seventh Circuit gave to the evolution of the asset                      
          classification system before accepting the assumption of the                
          Government as to the survival of the Rev. Proc. 62-21 priority rule         
          with respect to class 65.0 leads us to conclude that the Seventh            




Page:  Previous  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  88  89  90  91  92  Next

Last modified: May 25, 2011