- 13 - 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 taxablePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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