Newhouse Broadcasting Corp. and Subsidiaries, et al. - Page 13




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            Mr. Gramlich also disagrees with petitioner’s statement that all                           
            of the subject property was placed in service solely in order to                           
            comply with the terms of the Livonia Franchise Agreement.  That                            
            disagreement appears to be based upon his observation that,                                
            generally, a cable television operator makes all decisions for                             
            "business reasons", and that, if the business reasons conflict                             
            with a requirement of the franchise agreement, "the cable                                  
            operator will seek relief from the franchising authority."                                 
            III.  Discussion                                                                           
                  A.  Introduction                                                                     
                  As stated, we shall deny both motions.  We shall deny each                           
            motion for a different reason.  We shall deny respondent’s motion                          
            because we disagree with respondent’s determination that the pre-                          
            1986 documents fail to contain sufficient descriptions to                                  
            determine whether the subject property is "readily identifiable                            
            with" such documents.  See infra sec. III.E.  We shall deny                                
            petitioner’s motion because there are genuine issues of fact as                            
            to whether all of the subject property is "readily identifiable                            
            with and necessary to carry out" the Livonia Franchise Agreement.                          
            See id.                                                                                    
                  B.  Statutory Provisions                                                             
                  Prior to 1986, an investment tax credit was available                                
            pursuant to sections 38(b), 46, 48, for investments in certain                             
            types of tangible property placed in service during the taxable                            






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