- 18 - 1245(a)(3)(D). Respondent contends that the Tobacco Barn is a general purpose structure. We agree with respondent. Section 168(i)(13)(B)(ii) defines a "single purpose horticultural structure" as: (I) a greenhouse specifically designed, constructed, and used for the commercial production of plants, and (II) a structure specifically designed, constructed, and used for the commercial production of mushrooms. In addition, section 168(i)(13)(B)(iii) provides: An enclosure or structure which provides work space shall be treated as a single purpose * * * horticultural structure only if such work space is solely for-- (I) the stocking, caring for, or collecting of livestock or plants (as the case may be) or their produce, (II) the maintenance of the enclosure or structure, and (III) the maintenance or replacement of the equipment or stock enclosed or housed therein. Thus, in essence, section 168(i)(13)(B) requires that in order to be a "horticultural structure", an asset must meet three tests. First, the structure must be specifically designed and constructed for permissible purposes (i.e., the "specific design test"). See sec. 1.48-10(c)(1)(i), Income Tax Regs. The only permissible purposes for a single purpose horticultural structurePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011