Reginald and Ronda Charlson - Page 3




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          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.  Section                    






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