Ingram Industries, Inc. & Subsidiaries - Page 29




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          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.                   






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Last modified: May 25, 2011