Leo and Evelyn Trentadue - Page 22




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          (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.                    





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