- 17 - rupture and the molten metal will spill once the integrity of the lining is breached and the steel shell exposed, unless the cell unit is taken out of operation and the lining is replaced. The parties have stipulated that (1) the cell linings have an average useful life of approximately 3 years, and (2) the cost of removing and replacing an exhausted lining is $23,334 plus some miscellaneous costs. Thus, the cell lining has a life that is independent of the cell unit as a whole, and the cost of the lining as a percentage of the total cost of the cell unit is substantial.8 Moreover, the evidence submitted shows that the replacement cell lining material is a very substantial portion of the cell unit. Cf. Badger Pipe Line Co. v. Commissioner, supra (relocation of approximately 1,000 feet of a 25-mile 16-inch pipeline); Libby & Blouin, Ltd. v. Commissioner, 4 B.T.A. 910, 914 (1926) (replacement of many small parts to repair a large machine). The parties agree on brief that the cell lining is not an asset separate from the cell unit. However, considering the facts and circumstances of this case, the difference between the cell lining as a separate asset and as a substantial and essential component is one of semantics, not substance. Cf. 8The replacement cell lining is 22.21 percent of the cost of the rehabilitated cell unit (($17,933 + $5,401) � ($99,666 + $5,401)).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011