- 4 - Facilities. During the taxable years at issue, the State of Alaska and the Galena Air Station, a U.S. Air Force installation, owned and administered the land on which the Galena airport is located.5 On this land, substantially all of petitioner’s services are performed by Alaska Native employees. The Galena airport’s land is bordered on the south by the Galena Village Townsite.6 Gana-A’ Yoo, pursuant to ANCSA, owns the lands that border the Galena airport on the north, east, and west. On its amended corporate tax returns for TY 1996, TY 1997, and TY 1998, petitioner claimed the IEC. In the notice of deficiency, respondent disallowed the IEC because petitioner had not demonstrated that it met the requirements to claim the credit and allowed an additional deduction for wages or salary expense because of the disallowed credit.7 Discussion Section 38 allows a taxpayer to claim against his tax a general business credit, which includes the amount of the current year business credit. Sec. 38(a)(2). The amount of the current 5 The U.S. Air Force transferred this land to the State of Alaska in 1966, subject to certain reservations respecting continuing use as a military base. 6 A small portion of the southern border adjoins the Yukon River and a Federal air navigation site. 7 In its petition, petitioner also claimed an overpayment of $6,078 for TY 1997.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011