Page:United States Statutes at Large Volume 95.djvu/244

 95 STAT. 218 "Coal utiiization property."

PUBLIC LAW 97-34—AUG. 13, 1981 "(B) IN GENERAL.—The term 'coal utilization property* mCanS—

"(i) a boiler or burner— "(I) the primary fuel for which is coal (including lignite), and "(11) which replaces an existing boiler or burner which is part of a powerplant or major fuel-burning installation and the primary fuel for which is oil or natural gas or any product thereof, and "(ii) equipment for converting an existing boiler or burner described in clause (i)(II) to a boiler or burner the primary fuel for which will be coal. "(C) POWERPLANT AND MAJOR FUEL-BURNING INSTALLA-

42 USC 8302.

TION.—The terms 'powerplant' and 'major fuel-burning installation' have the meanings given such terms by paragraphs (7) and (10) of section 103(a) of the Powerplant and Industrial Fuel Use Act of 1978, respectively. "(D) EXISTING BOILER OR BURNER.—The term 'existing boiler or burner' means a boiler or burner which was placed in service before January 1, 1981. "(E)

REPLACEMENT OF EXISTING BOILER OR BURNER.—A

boiler or burner shall be treated as replacing a boiler or burner if the taxpayer certifies that the boiler or burner which is to be replaced— "(i) was used during calendar year 1980 for more than 2,000 hours of full load peak use (or equivalent thereof), and "(ii) will not be used for more than 2,000 hours of such use during any 12-month period after the boiler or burner which is to replace such boiler or burner is placed in service. "(h) SPECIAL RULES FOR RECOVERY PROPERTY CLASSES.—For purposes of this section— "(1) CERTAIN HORSES.—The term '3-year property' includes— "(A) any race horse which is more than 2 years old at the time such horse is placed in service; or "(B) any other horse which is more than 12 years old at such time. "(2) RAILROAD TANK CARS.—The term *10-year property' includes railroad tank cars. "(3) MANUFACTURED HOMES.—The term '10-year property' includes manufactured homes. "(4) QUALIFIED COAL UTIUZATION PROPERTY.—The term '10-year property' includes qualified coal utilization property which is not 3-year property, 5-year property, or 10-year property (determined without regard to this paragraph). "(5) APPLICATION WITH OTHER CLASSES.—Any property which is treated as included in a class or property by reason of this subsection shall not be treated as property included in any other class, "(i) CROSS REFERENCE.—

"For special rules with respect to certain gain derived from disposition of recovery property, see sections 1245 and 1250." (b) SINGLE PURPOSE AGRICULTURAL OR HORTICULTURAL STRUCTURES AND PETROLEUM PRODUCT STORAGE FACILITIES TREATED AS SECTION

26 USC 1245.

1245 PROPERTY.—Paragraph (3) of section 1245(a) (defining section 1245 property) is amended by striking out "or" at the end of

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