- 8 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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