New Gaming Systems, Inc. - Page 4

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               In the notices of deficiency,3 respondent determined                   
          petitioner’s depreciation deductions by using the straight-line             
          method over a 7-year recovery period with a half-year convention.           
          Discussion                                                                  
          I.   Summary Judgment                                                       
               Respondent moved for partial summary judgment on the issue             
          of whether petitioner must use MACRS to calculate its                       
          depreciation deductions on the gaming equipment.  Respondent                
          argues that petitioner cannot use a 2-year straight-line method             
          to compute its depreciation deductions because petitioner failed            
          to:  (1) Make proper, timely elections to exclude property from             
          MACRS under section 168(f)(1)(A), and (2) use a method of                   
          depreciation not expressed in a term of years under section                 
          168(f)(1)(B).                                                               
               Rule 121(a) provides that either party may move for summary            
          judgment upon all or any part of the legal issues in controversy.           
          Full or partial summary judgment may be granted only if it is               
          demonstrated that no genuine issue exists as to any material fact           
          and a decision may be entered as a matter of law.  See Rule                 
          121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520                  
          (1992), affd. 17 F.3d 965 (7th Cir. 1994).                                  


               3  Respondent issued the notices of deficiency on Apr. 2,              
          1999 (for the 1994 tax year), and Sept. 17, 1999 (for the 1995              
          and 1996 tax years).  Petitioner filed its petitions at the Tax             
          Court on June 28, 1999 (for the 1994 tax year), and Dec. 20, 1999           
          (for the 1995 and 1996 tax years).                                          




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