- 22 - 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.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