Leo and Evelyn Trentadue - Page 26




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          mainly distinguish between those things that are permanently                
          affixed to the real estate and those that are not.  From that               
          perspective, we hold that trellising is not a permanent                     
          improvement to the real property, and, accordingly, petitioners             
          properly classified it in the 10-year class.                                
               The drip irrigation systems, unlike the trellising, are, to            
          a great extent, buried in the ground.  Parts of it may be                   
          repaired and maintained like the trellises, but a substantial               
          portion of it is under the ground and will remain there until the           
          vines die or are removed for some other reason.  This Court has             
          already decided that grapevines are not “tangible personal                  
          property” for purposes of section 179.  See Kimmelman v.                    
          Commissioner, 72 T.C. 294, 308 (1979), where the Court held that            
          “the grapevines are an ‘inherently permanent structure’ within              
          the meaning of section 1.179-3(b), Income Tax Regs., and                    
          therefore, the grapevines are not tangible personal property.”5             
          In reaching the holding in Kimmelman, the Court noted that “Most            
          of the vines involved * * * were planted at or around the turn of           
          the century, and none of these vines has been moved since then”.            
          Kimmelman v. Commissioner, supra at 308.  To a great extent, the            
          underground piping is inextricably connected with the life of the           
          vines.                                                                      

               5 We note that trellising was shown to have been adjusted,             
          moved, or reused without moving or uprooting the vines, whereas             
          there was no such showing with respect to irrigation systems.               





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