- 18 - production”. Id. at 1258. This focus fails to take into account, and is contrary to, an important aspect of the regulations authorizing the issuance of Rev. Proc. 87-56, 1987-2 C.B. 674, and its predecessor revenue procedures. The regulations require not only that property be classified by the type of activity in which the property is used but also that the taxpayer depreciating property on the basis of a particular class life must itself be engaged in (be the actor in) the activity described in the asset guideline class. Moreover, the Court of Appeals’ focus fails to take into account the segmented approach to the natural gas industry taken in Rev. Proc. 87-56, supra. b. The Regulations Section 1.167(a)-11(b)(4)(iii)(b), Income Tax Regs., states that “property shall be included in the asset guideline class for the activity in which the property is primarily used” and that “[p]roperty shall be classified according to primary use even though the activity in which such property is primarily used is insubstantial in relation to all the taxpayer’s activities.” (Emphasis added.) Because the regulation considers the substantiality of the primary use activity in relation to all of the taxpayer’s activities, we interpret the regulation as comparing a part to the whole (i.e., one of the taxpayer’s activities is compared to all of the taxpayer’s activities) soPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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