- 9 - regarding application and interpretation of � 168(f)(1).” ABC Rentals of San Antonio, Inc. v. Commissioner, __ F.3d __ (10th Cir., Apr. 14, 1998) (slip op. at 6). In addition, that Court of Appeals also noted that, even if the underlying facts had not been stipulated, “this case still would present a mixed question of law and fact in which the legal issues predominate.” Id. In ABC Rentals of San Antonio, Inc. v. Commissioner, supra, the Court of Appeals for the Tenth Circuit decided that section 168(f)(1) did not preclude use of the income forecast method, and the case was remanded to this Court for a decision as to whether a proper election was made under section 168(f)(1) and whether the income forecast method was properly applied to produce reasonable depreciation allowances. Id. (slip op. at 23).5 On occasion, this Court relies on a test case process for resolving issues that affect more than one taxpayer. See Rybak v. Commissioner, 91 T.C. 524 (1988); Clayden v. Commissioner, 90 5 The earlier consolidated cases were appealed to different appellate venues (the Courts of Appeals for the Fifth and Tenth Circuits). Petitioner, as Tax Matters Person of El Charro, appealed to the Fifth Circuit, and the other two cases were appealed to the Tenth Circuit. Although the El Charro I opinion was affirmed without published opinion by the Fifth Circuit, on Sept. 27, 1996, the Court of Appeals for the Tenth Circuit reversed and remanded the ABC Rentals of San Antonio case. See ABC Rentals of San Antonio, Inc. v. Commissioner, 97 F.3d 392 (10th Cir. 1996). A rehearing was sought, and, on Apr. 14, 1998, the Court of Appeals for the Tenth Circuit granted the rehearing petition and vacated and revised its original opinion. The revised opinion reversed the decision in the case of ABC Rentals of San Antonio and remanded for further proceedings.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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