- 8 - 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 asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011