- 26 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: November 10, 2007