- 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
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