- 22 - (b) Although the drip irrigation system is not permanently affixed in the ground, it is, for the most part, buried in trenches or cuts in the ground. Accordingly, the drip irrigation systems may not be easily removed from the ground, favoring respondent with respect to this factor. (c) The well, which is bored deeply into the ground and set in concrete for almost one-third of its 156-foot length, would be most difficult to remove from the ground, and, accordingly, this factor favors respondent. Final Analysis In the context of petitioners’ grape-growing and winery operation there are assets which clearly fit into the category of permanent improvements.4 One such example would be the winery building that is permanently affixed to the real property. It is clear to this Court that petitioners’ well fits within that category and is no different from other permanent improvements to the real property and should be included in the 20-year class life for purposes of depreciation. The six Whiteco 4 The parties made some arguments about the local taxing authorities’ classification of the assets we consider. Such classifications, however, are not controlling in matters of Federal taxation, and we have been guided by the Federal statutes and case precedent. In addition, petitioners attempted to show that respondent had not previously questioned petitioners’ depreciation practices; however, there is ample precedent to the effect that each tax year is considered separately, and the Commissioner’s failure to question or his informal approval of a practice in a prior year does not amount to an estoppel.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: November 10, 2007