Newhouse Broadcasting Corp. and Subsidiaries, et al. - Page 3




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            transition rule (supply or service transition rule) of section                             
            204(a)(3) of the Tax Reform Act of 1986 (TRA of 1986 or the Act),                          
            Pub. L. 99-514, 100 Stat. 2085, 2149, to determine whether                                 
            MetroVision properly claimed the ITC (transition ITC).  We shall                           
            deny both motions.  Our reasons follow.                                                    
                  Unless otherwise indicated, all section references are to                            
            the Internal Revenue Code in effect for the years in issue, and                            
            all Rule references are to the Tax Court Rules of Practice and                             
            Procedure.                                                                                 
            I.  Introduction                                                                           
                  Approximately 186 cable franchise agreements are involved in                         
            petitioner’s case and about 200 similar agreements are involved                            
            in the cases consolidated with petitioner’s case.  Although the                            
            motions relate to a single cable television franchise agreement,                           
            the issue presented is common to all of the cable franchises and                           
            systems in dispute.  Therefore, resolution of the issue in this                            
            case will facilitate resolution of the same issue as it arises in                          
            the other cases.                                                                           
            II.  Background                                                                            
                  A.  Introduction                                                                     
                  For purposes of the motions, the parties have stipulated                             
            certain facts.  We accept the stipulated facts as being true for                           
            purposes of deciding the motions.  The stipulation of facts, with                          
            attached documents, is incorporated herein by this reference.                              






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