- 9 - patients with disabilities”. Nevertheless, petitioner contends that he is entitled to a disabled access credit under section 44 because “the design of these machines allows me to provide the same quality and breadth of services to my disabled patients as I provide to my other patients”, or, in other words, because “The machines that I purchased prevent discrimination against disabled persons.” Discussion Subject to various limitations, an “eligible small business” is entitled to a disabled access credit for “eligible access expenditures” for the taxable year. Sec. 44(a).2 In the present case, there is no question that petitioner qualifies as an “eligible small business” for the year in issue. Sec. 44(b).3 However, the parties disagree on whether the cost of the 2 Sec. 44(a) provides as follows: SEC. 44. EXPENDITURES TO PROVIDE ACCESS TO DISABLED INDIVIDUALS. (a) General Rule.–-For purposes of section 38 [General Business Credit], in the case of an eligible small business, the amount of the disabled access credit determined under this section for any taxable year shall be an amount equal to 50 percent of so much of the eligible access expenditures for the taxable year as exceed $250 but do not exceed $10,250. 3 As relevant herein, sec. 44(b) defines “eligible small business” to mean any person (1) whose gross receipts for the preceding taxable year did not exceed $1,000,000 or who did not employ more than 30 full time employees during the preceding taxable year and (2) who elects the application of the section for the taxable year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011