- 25 - 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.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