Newhouse Broadcasting Corp. and Subsidiaries, et al. - Page 16




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            be treated as having a class life of 20 years".  Those section                             
            203(b)(2) placed-in-service rules apply without modification in                            
            determining eligibility for transition ITC, provided that the                              
            property has a class life of at least 7 years.7  Petitioner                                
            states (and respondent does not dispute) that all of the subject                           
            property has a class life of at least 7 years.  Therefore,                                 
            assuming the subject property qualifies as transition property,                            
            there is no question that it was timely placed in service so as                            
            to be eligible for transition ITC.                                                         
                  C.  Summary Judgment                                                                 
                  A summary judgment is appropriate "if the pleadings, answers                         
            to interrogatories, depositions, admissions, and any other                                 
            acceptable materials, together with the affidavits, if any, show                           
            that there is no genuine issue as to any material fact and that a                          
            decision may be rendered as a matter of law."  Rule 121(b).  “A                            
            partial summary adjudication may be made which does not dispose                            


            7  See sec. 49(e)(1)(C) which provides:                                                    
                  (C) in the case of transition property with a class                                  
                  life of less than 7 years--                                                          
                  (i) section 203(b)(2) of such Act shall apply, and                                   
                  (ii) in the case of property with a class life--                                     
                       (I) of less than 5 years, the applicable date                                  
                        shall be July 1, 1986, and                                                     
                       (II) at least 5 years, but less than 7 years, the                              
                        applicable date shall be January 1, 1987, * * *                                





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