- 18 - With respect to the requirement of the supply or service transition rule that property be “necessary” to carry out a written supply or service contract, petitioner argues: Expenditures incurred by a cable operator acquiring property placed in service to provide cable television service under the terms of a cable television franchise agreement are normal, appropriate expenses and hence ‘necessary’ as that term is understood in the context of business expenditures. In support of that argument, petitioner cites Commissioner v. Heininger, 320 U.S. 467 (1943), and Carbine v. Commissioner, 83 T.C. 356 (1984), affd. 777 F.2d 662 (11th Cir. 1985), cases dealing with the requirement that business or profit seeking related expenses be “ordinary and necessary”. Secs. 162(a), 212. Petitioner relies on Messrs. Bjorklund’s and Kearse’s affidavits to establish that the expenses in question are normal and appropriate expenses to provide cable television service. 2. Respondent’s Arguments In support of respondent’s motion, respondent argues that property is "readily identifiable with and necessary to carry out a written supply or service contract" only if it is "specifically described" in the contract and/or related (pre-1986) documents. Respondent argues that, because the subject property was not "mentioned, described, referred to, particularized, or identified in any way * * * as to quantity, description, cost, vendor, model number, purpose or any other characteristics" in either the contract or in any pre-1986 related document, such propertyPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011