Court case · 1984
Shoney's South, Inc. v. Commissioner
T.C. Memo 1984-413
U.S. Tax Court
Taxpayer won
The facts
Shoney's South ran restaurants and claimed the investment credit on decorative lighting, including chandeliers, lanterns, and hanging lanterns. The IRS treated the fixtures as part of the building.
What the court decided
Per the IRS Pub 5653 case table: the chandeliers, lanterns, and hanging lanterns qualified as section 1245 personal property. The IRS later non-acquiesced on the decorative lighting point in AOD 1986-48, meaning it disagreed with the result but did not pursue it.
Why it matters for your study: This is the decorative lighting case. A fixture that is really decor can be short-life property. But the IRS put its disagreement on record, so lighting claims need clear facts. We pair it with Duaine, where ordinary attached ornamental light fixtures stayed with the building.
Parts the case looked at
- chandeliers
- lanterns
- hanging lanterns
Background
Shoney's South operated restaurants and claimed the investment credit on its decorative lighting. The disputed fixtures were chandeliers, lanterns, and hanging lanterns. The IRS treated them as part of the building, which would have denied the credit.
The question was the same one cost segregation asks today: is a fixture a structural component of the building, or is it really tangible personal property that happens to hang from a ceiling?
What it established
Per the IRS Pub 5653 case table, dated August 6, 1984, the chandeliers and lanterns qualified as section 1245 personal property, and the matrix rows credit Shoney's for chandeliers, lanterns, and hanging lanterns, all 1245. Every item Pub 5653 attributes to Shoney's South favored the taxpayer.
There is a second layer. In AOD 1986-48 the IRS non-acquiesced on the decorative lighting point. An Action on Decision is the IRS's public statement about a case it lost. Non-acquiescence means the IRS disagrees with the result and may keep fighting the issue with other taxpayers, even though it let this case stand.
How it shows up in a study
Shoney's South is the citation behind decorative and accent lighting reclassification. When a study claims chandeliers, sconce-style decor fixtures, or themed hanging lighting as 5-year property, this case supports the position in Appendix A.
Because of the AOD, a careful study does more than cite the case. It documents why the fixture is decor: the building has separate primary lighting, the decorative fixture exists for ambiance or branding, and removing it would not leave the space unlit. That factual record is what makes the position hold up.
What it does not mean
This case does not make all lighting short-life. Lighting that provides the basic illumination a building needs stays with the building. In Duaine, decided months later, ordinary interior and exterior ornamental light fixtures stayed section 1250 real property.
It also is not a safe harbor. The IRS's non-acquiescence in AOD 1986-48 means the agency reserved the right to challenge similar claims. A decorative lighting position built on thin facts invites exactly that challenge. Nothing here makes a claim audit-proof; the goal is a defensible record.
Primary source
Read the official text for yourself, or share it with your advisor.
- Category
- Asset classification
- Outcome
- Taxpayer won
- Applies to
- Restaurant, Casual Dining
- Status
- Vetted
This page explains a tax authority in plain words. It is not tax advice for your situation. The way this authority applies to your property is reviewed by a licensed tax professional. Citation is provided so you or your advisor can read the primary source.