- 29 - Commissioner, T.C. Memo. 1958-175, where the question was whether the cost of work performed on the taxpayer’s coke ovens was deductible or whether it had to be capitalized. In that case, oven linings became unserviceable, and the taxpayer had to replace them periodically. In holding that the cost of replacing the oven linings had to be capitalized, it was found that the ovens had a normal life expectancy of 3 to 4 years because after that time, they “fell into such a state of deterioration” that they had to be shut down and “substantially rebuilt”. Id. The Court then held that the substantial rebuilding of the ovens prolonged their useful lives. The other cases relied on by respondent are similar to Ruane v. Commissioner, supra. Generally, in the cases relied on by respondent, the taxpayer allowed the asset to completely deteriorate and then rebuilt it resulting in a clearly defined new useful life. Here petitioners’ towboats (including the engines) do not completely deteriorate and do not have to be substantially rebuilt. Petitioners’ towboats are in operating condition and are operating when they are brought in to have the maintenance performed, and all of the significant components and systems that comprise the towboats (including their engines) are in good working order immediately prior to the performance of the maintenance. Petitioners do not allow their equipment to become unserviceable before performing the described procedures.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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