- 16 - 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, * * *Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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