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be treated as having a class life of 20 years". Those section
203(b)(2) placed-in-service rules apply without modification in
determining eligibility for transition ITC, provided that the
property has a class life of at least 7 years.7 Petitioner
states (and respondent does not dispute) that all of the subject
property has a class life of at least 7 years. Therefore,
assuming the subject property qualifies as transition property,
there is no question that it was timely placed in service so as
to be eligible for transition ITC.
C. Summary Judgment
A summary judgment is appropriate "if the pleadings, answers
to interrogatories, depositions, admissions, and any other
acceptable materials, together with the affidavits, if any, show
that there is no genuine issue as to any material fact and that a
decision may be rendered as a matter of law." Rule 121(b). “A
partial summary adjudication may be made which does not dispose
7 See sec. 49(e)(1)(C) which provides:
(C) in the case of transition property with a class
life of less than 7 years--
(i) section 203(b)(2) of such Act shall apply, and
(ii) in the case of property with a class life--
(I) of less than 5 years, the applicable date
shall be July 1, 1986, and
(II) at least 5 years, but less than 7 years, the
applicable date shall be January 1, 1987, * * *
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