Gary G. and Linda J. Hart - Page 21


                                        - 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

Last modified: May 25, 2011