Leo and Evelyn Trentadue - Page 27




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               By way of analogy, this Court in deciding the question of              
          whether sprinkler heads were an “inherently permanent structure”,           
          found that the sprinkler heads, although easily removable, were             
          inseparably attached to an underground water system.  Metro Natl.           
          Corp. v. Commissioner, T.C. Memo. 1987-38.  The Court in Metro              
          Natl. Corp. held that the underground water system and sprinkler            
          heads were an “inherently permanent structure” and not tangible             
          personal property within the meaning of section 48(a)(1)(A).                
               With respect to the irrigation systems, four of the six                
          factors favored respondent’s position, and two were neutral with            
          respect to the drip irrigation system.  Again, the question of              
          permanent attachment to the real property is the primary focus of           
          the factors and asset depreciation classes, and the drip                    
          irrigation systems is more akin to a permanent improvement.  The            
          placement of a substantial portion of the pipe or tubing in the             
          ground and the difficulty of removing the system are the primary            
          factors that render the irrigation systems we consider here to be           
          permanent land improvements.6  See, e.g., Mallinckrodt, Inc. v.             
          Commissioner, 778 F.2d 402, 403 (8th Cir. 1985), affg. T.C. Memo.           


               6 We note that some portions of petitioners’ irrigation                
          systems were above the ground and regularly repaired and/or                 
          replaced.  Items such as tubing, emmiters and the like may have             
          been considered severable from the irrigation systems and not as            
          land improvements if they had been separately claimed and/or                
          accounted for.  We were, however, presented with the sole choice            
          of deciding whether the irrigation system, as a whole, was                  
          machinery or a permanent land improvement.                                  





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