Warbelow's Air Ventures - Page 4




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          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.                                                      





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Last modified: May 25, 2011