Leo and Evelyn Trentadue - Page 28




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          1984-532, where the court declared:  “The fact that an item is              
          not readily reusable in another location certainly is evidence              
          supporting the conclusion that it is to be treated as permanent             
          in its present location.”  Accordingly, we hold that the well and           
          drip irrigation systems are permanent improvements to the real              
          property.                                                                   
               Petitioners, as an alternative, argue that if the trellises            
          or irrigation systems are land improvements, they come within the           
          exception of section of Rev. Proc. 87-56, sec. 5.05, 1987-2 C.B.            
          at 676.  Because we have decided that petitioners’ irrigation               
          systems are, in the context of this case, land improvements, we             
          consider petitioners’ argument.                                             
               To the extent pertinent, section 5.05 of Rev. Proc. 87-56,             
          1987-2 C.B. at 676, contains the following special rules                    
          incorporated from Rev. Proc. 83-35, sec. 2.02, 1983-1 C.B. at               
          745:                                                                        
               "Land Improvements," includes "other tangible property"                
               that qualifies under section 1.48-1(d) of the Income                   
               Tax Regulations.  However, a structure that is                         
               essentially an item of machinery or equipment or a                     
               structure that houses property used as an integral part                
               of an activity specified in section 48(a)(1)(B)(i) of                  
               the Code, if the use of the structure is so closely                    
               related to the use of the property that the structure                  
               clearly can be expected to be replaced when the                        
               property it initially houses is replaced, is included                  
               in the asset guideline class appropriate to the                        
               equipment to which it is related.                                      









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