- 15 - and the applicable convention. Sec. 168(a); Hospital Corp. of Am. v. Commissioner, 109 T.C. 21, 45 (1997). Only the applicable recovery period is at issue. Property with 39-year recovery period is nonresidential real property.20 Sec. 168(c). Nonresidential real property is defined as “section 1250 property which is not-- (i) residential rental property, or (ii) property with a class life of less than 27.5 years.” Sec. 168(e)(2)(B). Section 1250 property is any real property (other than section 1245 property, as defined in section 1245(a)(3)) which is or has been subject to the depreciation allowance under section 167. Sec. 1250(c). Real property, as used in section 1250(c), includes land, improvements thereto, including a building or its structural components, and other real property except that which is defined in section 1245(a)(3)(B)-(F). Sec. 1.1250-1(e)(3)(i), Income Tax Regs. Respondent concedes petitioner used the $80,000 to purchase an asset and “petitioner’s records included documentation, at least at one time, indicating that the check was, in fact, paid to purchase equipment”. Mr. Reeves credibly testified that the 20 MACRS generally classifies eligible personal property and certain real property as 3-year property, 5-year property, 7-year property, 10-year property, 15-year property, or 20-year property and assigns that property to a corresponding recovery period on the basis of the property’s class life. Sec. 168(c), (e)(1), (3). MACRS generally classifies real property as residential rental property or nonresidential real property, assigning recovery periods of 27.5 years and 39 years, respectively. Sec. 168(c), (e)(2).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007