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