Newhouse Broadcasting Corp. and Subsidiaries, et al. - Page 20




                                               - 20 -                                                  
            the subject property was "necessary to carry out" petitioner’s                             
            obligations under the franchise agreement.                                                 
                  E.  Analysis                                                                         
                        1.  The Equipment To Be Installed by Petitioner in                             
                        the Livonia Cable Television System Is Described In                            
                        Sufficient Detail in the Pre-1986 Documents To                                 
                        Permit a Determination of Whether the Equipment                                
                        Actually Installed Is "Readily Identifiable With"                              
                        Such Documents.                                                                
                        a.  Relevant Case Law                                                          
                  We are not the first court called upon to interpret the term                         
            “readily identifiable with”, as that term is used in section                               
            204(a)(3).  The meaning of that term has been addressed in three                           
            cases by four different courts.8  In two of those cases, Bell                              
            Atl. Corp. v. United States, 82 AFTR 2d 98-7375 at 98-7384, 99-1                           
            USTC par. 50,119 at 87,041 (E.D. Pa. 1998), affd. __ F.3d __ (3d                           
            Cir., Aug. 17, 2000), and United States v. Zeigler Coal Holding                            
            Co., 934 F. Supp. 292, 295 (S.D. Ill. 1996), the courts reasoned                           
            that, in order to be eligible for transition ITC under the                                 
            transition rule for supply or service contracts, "the property                             
            must have been specifically described" in the contract or in a                             
            related document.  In both cases, the District Court relied upon                           


            8  In a fourth case, Southern Multi-Media Communications, Inc. v.                          
            Commissioner, 113 T.C. 412 (1999), discussed below, we recently                            
            addressed the issue of whether improvements to a cable television                          
            system were "necessary to carry out" the applicable franchise                              
            agreements.  We specifically refrained from deciding "whether                              
            * * * [the improvements] were ‘readily identifiable with’ * * *                            
            [the cable] franchise agreements."  Id. at 422 n.3.                                        





Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: May 25, 2011