David B. and Janis Hubbard - Page 8

                                        - 8 -                                         
          employees (and which elect to be treated as such by filing a Form           
          8826).  Sec. 44(b).                                                         
               “Eligible access expenditures” are defined as amounts paid             
          or incurred by eligible small businesses for the purpose of                 
          complying with ADA, including the following:  (1) Expenditures to           
          remove architectural, communication, physical, or transportation            
          barriers preventing the business from being accessible to, or               
          usable by, individuals with disabilities; and (2) expenditures to           
          acquire or modify equipment for use by or to benefit individuals            
          with disabilities.  Sec. 44(c)(2)(A), (D).  Also, to qualify as             
          eligible access expenditures the expenditures must be reasonable            
          and necessary.  Sec. 44(c)(3).                                              
               In Fan v. Commissioner, 117 T.C. 32, 34-35, 37 (2001), a               
          disabled access tax credit claimed by a dentist relating to the             
          cost of an intraoral camera system was disallowed.  The intraoral           
          camera system included a wand-shaped oral camera that could be              
          inserted inside patients’ mouths, a monitor, and educational                
          videotapes, all of which enabled patients to watch the dentist              
          perform dental work and to watch videos that explained various              
          diagnoses and treatments.  Id. at 34.                                       
               In Fan, because, prior to purchasing the intraoral camera              
          system, the dentist was already in compliance with ADA through              









Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011