- 2 - franchise agreement to permit a determination of whether property actually used by M for that purpose may be considered "readily identifiable with" such agreement within the meaning of sec. 204(a)(3), id., and (2) there are genuine issues of material fact in determining whether all the property actually used is "readily identifiable with and necessary to carry out" the franchise agreement as required by sec. 204(a)(3), id. Both motions for partial summary judgment shall be denied. Bernard J. Long, Jr., David E. Mills, and James R. Saxenian, for petitioner. Gary D. Kallevang and William J. Gregg, for respondent. MEMORANDUM OPINION HALPERN, Judge: Both petitioner Newhouse Broadcasting Corp. (petitioner) and respondent have moved for partial summary judgment. Each party objects to the other’s motion. The issue common to those motions (petitioner’s motion, respondent’s motion, or, together, the motions) is whether MetroVision of Livonia, Inc. (MetroVision), a wholly owned subsidiary of petitioner’s, is entitled to an investment tax credit (ITC) on account of certain property placed in service by it during its taxable years ended July 31, 1989 and 1990 (the 1989 and 1990 taxable years or the audit years). The property in question relates to a cable television franchise awarded to MetroVision in 1983. The motions require us to interpret the supply or servicePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011