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