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Docket No. 12124-02
Year Deficiency
1996 $119,774
Docket No. 12125-02
Year Deficiency
1997 $218,170
Petitioners timely filed petitions contesting respondent’s
determinations. Upon motion of the parties, these cases were
consolidated for purposes of trial, briefing, and opinion.
After concessions,1 the issue for decision is whether
certain aboveground storage tanks located at petitioners’ refined
product terminals are included in Modified Asset Cost Recovery
1Respondent conceded that the following aboveground storage
tanks are included in Modified Asset Cost Recovery System (MACRS)
Asset Guideline Class 57.0, Rev. Proc. 87-56, 1987-2 C.B. 674,
686:
Terminal location Tank No.
Albany, N.Y. 51
Brownsville, Tex. 5
Milwaukee, Wis. 8, 9
Mt. Prospect, Ill. 10, 11, 12
Niceville, Fla. 3
San Antonio, Tex. 104, 105, 106, 107, 111
Spartanburg, S.C. 7
Vestal, N.Y. 6
These tanks had shell capacities of 5,000 barrels or less,
heights of 35 feet or less, and diameters of 35 feet or less.
In addition, the parties agree that the class lives for the
Pittsburgh, Pa., terminal’s tanks at issue will be the same as
the class life determined with respect to tank No. 1 at the
Chesapeake, Va., terminal.
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