William A. Ricker - Page 9




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               E.  Petitioner’s 1995 Income Tax Return                                
               Petitioner filed a Federal income tax return for 1995 and              
          claimed thereon a disabled access credit in the amount of $3,887.           
          In support of the credit, petitioner attached to his return Form            
          8826, Disabled Access Credit, on which he computed the credit as            
          follows:                                                                    
               Total eligible access expenditures                                     
                    Panoramic x-ray machine   $5,000                                  
                    Wehmer x-ray machine       2,725                                  
                    Rare earth cassette          299     $8,024                       
               less: Minimum amount                        -250                       
               Balance                                    7,774                       
               Applicable percentage                        50%                       
               Disabled access credit                     3,887                       

               F.  Respondent’s Notice of Deficiency                                  
               In the notice of deficiency, respondent disallowed the                 
          disabled access credit for 1995 on the ground that the panoramic            
          x-ray machine, the Wehmer x-ray machine, and the rare earth                 
          cassette do not constitute eligible access expenditures within              
          the meaning of section 44.  Rather, respondent treated the cost             
          of acquiring the x-ray machines and cassette “as a depreciation             
          expense under Section 179”.                                                 
               G.  Petitioner’s Contentions                                           
               Petitioner candidly admits that his purchase of the                    
          panoramic and Wehmer x-ray machines was not motivated by any                
          requirement of the ADA and that both machines are “usable to                
          provide services to patients without disabilities as well as                






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