Southern MultiMedia Communications, Inc. - Page 13




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         December 31, 1985, and January 1, 1991, within the supply or                 
         service transition rule.                                                     
              Although this Court has not yet interpreted the supply or               
         service transition rule, three other Federal courts have.  In                
         Bell Atl. Corp. v. United States, 82 AFTR 2d 98-7375, at 98-7379,            
         99-1 USTC par. 50,119, at 87,037 (E.D. Pa. 1998), the taxpayer               
         argued that because franchise agreements outstanding as of                   
         December 31, 1985, required that it broadly “maintain, expand,               
         and improve their telephone networks” to meet industry standards,            
         property purchased after December 31, 1985, to upgrade telephone             
         network equipment satisfied the supply or service transition                 
         rule.  The Federal District Court for the Eastern District of                
         Pennsylvania, however, concluded that none of the property was               
         necessary to carry out any of the taxpayer's franchise                       
         agreements.  The court stated that the general language of the               
         franchise agreements involved in that case was not sufficient to             
         qualify under the supply or service transition rule.                         
              In United States v. Zeigler Coal Holding Co., 934 F. Supp.              
         292, 295 (S.D. Ill. 1996), the Federal District Court for the                
         Southern District of Illinois, in denying summary judgment,                  
         stated that “in order to be eligible * * * [under the supply or              
         service transition rule] the property must have been specifically            
         described.”  The court noted that it could not find language in              
         the taxpayer's relevant contracts as they existed as of                      






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