Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 87

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               manufacturing activities, manufacturing activities, and                
               transportation, communication, and public utilities,                   
               respectively.  Specifically excluded from the second,                  
               third, and fourth groups were any assets coming within the             
               first group.  Although Rev. Proc. 87-56 and its immediate              
               predecessors do not explicitly exclude from the activity               
               category assets coming within the asset category, all                  
               continue the same pattern.9                                            
               9  The legislative history of ACRS indicates that Congress             
               understood Rev. Proc. 87-56's predecessors as providing                
               that assets which are encompassed in classes in both the               
               asset and activity categories are to be classified in the              
               asset class.  In describing the ADR system which was                   
               incorporated into ACRS, the Conference Committee Report on             
               the Tax Reform Act of 1986 states: Under the ADR system, a             
               present class life ("mid-point") was provided for all                  
               assets used in the same activity, other than certain                   
               assets with common characteristics (e.g., automobiles).                
               H.R. Conf. Rep. No. 99-841, 99th Cong., 2d Sess. 38                    
               (1986), 1986-3 C.B. Vol. 4, 38 (emphasis added)                        
               (automobiles comprised an asset category class (Class                  
               00.22) under Rev. Proc. 83-35, 1983-1 C.B. 745).                       
               We are not interpreting a statutory provision.  Although               
          Congress clearly was concerned with the Commissioner’s                      
          implementation of the class life system, and the system implements          
          section 167, we are interpreting an administrative creation, and,           
          thus, we must determine the administrator’s intent.  We are                 
          persuaded by respondent that Rev. Proc. 62-21 established a pattern         
          that was carried over into subsequent revenue procedures, including         
          Rev. Proc. 87-56.  Notwithstanding the failure to continue a                
          specific priority rule in subsequent revenue procedures, there is           
          sufficient similarity in style and organization between Rev. Proc.          
          62-21 and its successors that we think that a similar priority rule         
          was intended, and we so find.                                               
               E.  Conclusion                                                         
               The furniture and fixtures are described in class 00.11.               




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