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Tax Research Paper

Decent Essays

Date: October 25, 2012
From: Sladjana Vasic
To: Professor Raymond Placid
Re: AmeriSouth XXXII, LTD., et al. v. Commissioner, 67 T.C. Memo. (2012)
FACTS
AmeriSouth XXXII, Ltd. acquired the Garden House Apartments in Mesquite, Texas in 2003 for $10.25 million. According to its owner, Ruel Hamilton, AmeriSouth is a general partner in about 50 partnerships, and AmeriSouth Texas established AmeriSouth XXXII in 2003 to buy the aforementioned complex. The complex was constructed in 1970, sits on over 16 acres of land with more than 40 buildings. Mr. Hamilton also owns AmeriSouth Management, L.P., which is responsible for the maintenance of a portion of the complexes.
Roughly 70 of the 366 units are fully furnished. Even those units …show more content…

AmeriSouth argued that cost-segregation study allocates $65,381 of Garden House's depreciable basis to “site preparation and earthwork,” depreciable over 15 years as a land improvement is allowable because it is a “site development,” but nowhere does it describe what work is included in this category. On the other hand, the Commissioner's expert claims that work papers show the expenses relate to the initial clearing and grubbing (i.e., tree removal) of the land which occurred before the apartments' construction in 1970.
Furthermore, the Commissioner states that clearing and grubbing are not depreciable because they are not subject to wear and tear and generally make the land more valuable. Reg §1.167(a)-2. “Tangible property states the depreciation allowance in the case of tangible property applies only to that part of the property which is subject to wear and tear, to decay or decline from natural causes, to exhaustion, and to obsolescence. The allowance does not apply to inventories or stock in trade, or to land apart from the improvements

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