Newhouse Broadcasting Corp. and Subsidiaries, et al. - Page 26




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            mandatory, indispensable, or requisite", and that the state-of-                            
            the-art requirement, as set forth in the franchise agreements,                             
            reflected "only broad industry standards, not specific                                     
            contractual commitments to undertake rebuilds."  Id. at 418, 421.                          
            Similarly, we found no evidence to indicate that the taxpayer                              
            "had specific binding commitments, as of December 31, 1985, to                             
            install the line extensions."  Id. at 422.                                                 
                  Under our opinion in Southern Multi-Media Communications,                            
            Inc., in order to prove that property placed in service during                             
            the audit years was "necessary to carry out" the Livonia                                   
            Franchise Agreement, petitioner must demonstrate that such                                 
            property was placed in service pursuant to "specific contractual                           
            commitments" contained in the franchise agreement or in a related                          
            (pre-1986) document.  Petitioner argues that it has satisfied                              
            that requirement because MetroVision was "at all times material                            
            engaged solely in the business of providing cable television                               
            service to residents of Livonia, under the authority of the                                
            Livonia Franchise Agreement" and because MetroVision "installed                            
            each unit of property solely to provide cable television service                           
            to residents [of the City of Livonia] as it agreed to do in the                            
            Livonia Franchise Agreement."                                                              
                  We agree with respondent that there are genuine issues of                            
            material fact to be resolved in determining whether all of the                             
            property placed in service by petitioner was "necessary to carry                           






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