- 3 - an S corporation, formed in 1977. Mr. and Mrs. Charlson each owned 50 percent of each corporation. Great American operated intercity buses that were purchased by, and leased from, C & C. In 1985, C & C purchased, and placed in service, seven intercity buses. C & C leased these buses to Great American from January 1, 1986, through January 31, 1990, a term of 49 months. At the conclusion of the first lease, C & C and Great American entered into a second lease for an additional 19 months, from February 1, 1990, through August 31, 1991. The leases were negotiated separately and did not contain options to renew, and the payment amounts and lease terms were different. C & C purchased the buses for the sole purpose of leasing them to Great American. The buses were qualified investment property which qualified for an ITC pursuant to section 38. The useful life of each of the buses was 9 years. The Charlsons’ subsequent tax returns claimed the ITC carried over from 1985 and passed through C & C. In a prior audit, respondent examined the Charlsons’, but not C & C’s, 1989 Federal income tax return, without challenging the ITC carryover. OPINION 1. Eligibility for Investment Tax Credit Section 38 allows an ITC, for qualified investments, the amount of which is determined under section 46. SectionPage: Previous 1 2 3 4 5 6 Next
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