- 21 - cannot define that term as broadly in the context of petitioner's Tobacco Barn. The distinction lies in the fact that the Tobacco Barn was not used in the production of mushrooms. Congress chose that in the context of mushroom production, a single purpose horticultural structure would be any "structure" specifically designed and constructed for that purpose, whereas in the context of plant production, a single purpose horticultural structure would be any "greenhouse" specifically designed and constructed for that purpose. See sec. 168(i)(13)(B)(ii). By using the word "greenhouse", we think that Congress intended that only "plant" production activities of the type performed in a "greenhouse" would qualify as plant production activities. Thus, petitioners' Tobacco Barn, a structure other than a greenhouse, used in the curing, stripping, grading, baling, and boxing of tobacco-- activities which we think constitute market preparation--does not meet the "exclusive use" test. In addition, the Tobacco Barn was extensively used in making the tobacco ready for market. As mentioned, work space in a single purpose horticultural structure must be limited to that necessary to stock, care for, or collect plants or their products. See sec. 168(i)(13)(B)(iii). As provided by section 1.48-10(f)(2), Income Tax Regs., the term "stocking, caring for, or collecting" plants includes ancillary postproduction activities.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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