Gary G. and Linda J. Hart - Page 25


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          id.  Finally, single purpose agricultural or horticultural                   
          structures are, by virtue of section 168(e)(3)(D)(i), 10-year                
          property, with an applicable recovery period of 10 years.  See               
          id.                                                                          
               Respondent contends that the Tobacco Barn is a "farm                    
          building", a class 01.3 asset, and therefore has a recovery life             
          of 20 years.  Petitioners contend that the Tobacco Barn has a                
          recovery period of 10 years because it is a single purpose                   
          horticultural structure.  As discussed above, the Tobacco Barn is            
          not a single purpose horticultural structure and therefore does              
          not have a 10-year recovery period as prescribed under section               
          168(e)(3)(D)(i).                                                             
               In the alternative, petitioners contend that the Tobacco                
          Barn is a "land improvement", a class 00.3 asset, and therefore              
          has a recovery period of 15 years.  As discussed above, the                  
          Tobacco Barn is a building as defined under section 1.48-1(e),               
          Income Tax Regs.  Class 00.3 specifically excludes "buildings".              
          Therefore, the Tobacco Barn does not have a 15-year recovery                 
          period by virtue of being includable in class 00.3.  Petitioners             
          have not asserted that the Tobacco Barn is 10-year or 15-year                
          property by virtue of being includable in any other class of                 
          assets.  We therefore sustain respondent on this issue.                      










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