William A. Ricker - Page 10




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          patients with disabilities”.  Nevertheless, petitioner contends             
          that he is entitled to a disabled access credit under section 44            
          because “the design of these machines allows me to provide the              
          same quality and breadth of services to my disabled patients as I           
          provide to my other patients”, or, in other words, because “The             
          machines that I purchased prevent discrimination against disabled           
          persons.”                                                                   
          Discussion                                                                  
               Subject to various limitations, an “eligible small business”           
          is entitled to a disabled access credit for “eligible access                
          expenditures” for the taxable year.  Sec. 44(a).2  In the present           
          case, there is no question that petitioner qualifies as an                  
          “eligible small business” for the year in issue.  Sec. 44(b).3              
          However, the parties disagree on whether the cost of the                    



          2  Sec. 44(a) provides as follows:                                          
               SEC. 44. EXPENDITURES TO PROVIDE ACCESS TO DISABLED                    
               INDIVIDUALS.                                                           
                    (a) General Rule.–-For purposes of section 38                     
               [General Business Credit], in the case of an eligible                  
               small business, the amount of the disabled access                      
               credit determined under this section for any taxable                   
               year shall be an amount equal to 50 percent of so much                 
               of the eligible access expenditures for the taxable                    
               year as exceed $250 but do not exceed $10,250.                         
          3  As relevant herein, sec. 44(b) defines “eligible small                   
          business” to mean any person (1) whose gross receipts for the               
          preceding taxable year did not exceed $1,000,000 or who did not             
          employ more than 30 full time employees during the preceding                
          taxable year and (2) who elects the application of the section              
          for the taxable year.                                                       





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