Mark and Helen Thomson - Page 8




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          the asset category takes priority over the activity category.               
          See Norwest Corp. v. Commissioner, supra at 162-164.  Any depre-            
          ciable asset which does not have a class life is classified as 7-           
          year property and has a recovery period of 7 years.  See sec.               
          168(e)(3)(C)(ii); Rev. Proc. 87-56, supra at 687.                           
               Petitioners contend on brief that the useful life of each of           
          the aircraft parts in question is less than 4 years and that                
          therefore they are entitled to depreciate those parts over a 3-             
          year recovery period.  The useful life of a particular asset is             
          not controlling in determining the applicable recovery period               
          under section 168.4  In any event, on the record before us, we              
          find that petitioners have failed to establish that the useful              
          life of each of the aircraft parts in question is less than 4               
          years.  We further find on that record that petitioners have                
          failed to establish that the class life of the aircraft parts in            
          question is 4 years or less.                                                
               Based on our examination of the entire record in this case,            
          we find that petitioners have failed to satisfy their burden of             
          showing error in respondent’s determination, as modified on brief           

               4Sec. 168 was enacted into the Code by the Economic Recovery           
          Tax Act of 1981, Pub. L. 97-34, sec. 201, 95 Stat. 172.  One of             
          the purposes of sec. 168 was to simplify the depreciation rules             
          by eliminating the need to adjudicate matters such as useful                
          life, a concept which is inherently uncertain and results in                
          disagreements between taxpayers and the Internal Revenue Service.           
          See Simon v. Commissioner, 68 F.3d 41, 45 (1995) (citing S. Rept.           
          97-144 at 47 (1981), 1981-2 C.B. 412, 425), affg. 103 T.C. 247              
          (1994).                                                                     





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