Gary G. and Linda J. Hart - Page 22


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               However, the curing, stripping, grading, baling, and boxing             
          of the tobacco leaves are not "ancillary post-production                     
          activities".  See sec. 1.48-10(f)(2), Income Tax Regs.  Although             
          "gathering, sorting, loading," and "packing" activities when                 
          "carried on in conjunction with" and "ancillary" to other                    
          permissible purposes, do not disqualify a structure as a "single             
          purpose agricultural structure", they cannot constitute the sum              
          total of the activities performed in the structure.  Id.  Because            
          we are not persuaded that any of the activities performed in the             
          Tobacco Barn, i.e., the curing, stripping, grading, baling, and              
          boxing of the tobacco leaves, constitute the commercial                      
          production of plants in a greenhouse, we cannot hold that such               
          activities simply constitute "ancillary post production"                     
          activities.  See id.                                                         
               Third, for a structure to be a "single purpose                          
          horticultural" structure, it must satisfy an "actual use" test.              
          See sec. 1.48-10(e)(2), Income Tax Regs.  However, because we                
          have held that the Tobacco Barn does not meet the "specific                  
          design" or the "exclusive use" test, we need not consider whether            
          it meets the "actual use" test.                                              
               Based on the foregoing, we hold that the Tobacco Barn is not            
          a single purpose horticultural structure.  It therefore follows              
          that the Tobacco Barn is not section 179 property.                           









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