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Petitioner claimed a $714 depreciation deduction with respect to
the pay phones on the Schedule C, Profit or Loss From Business,
that was attached to his income tax return for 2001. Petitioner
reported no other items of income or expense on this Schedule C.
Prueitt also informed petitioner that all of the amounts
that petitioner spent in connection with the pay phones qualified
for the tax credit granted under section 44 for compliance with
the Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-
336, 104 Stat. 327. Additionally, petitioner received a copy of
a letter dated March 4, 1999, in which George Mariscal, president
of Tax Audit Protection, Inc., informed Paul Rubera (Rubera),
president of Alpha Telcom, that “Persons or companies that own
pay telephones that have been modified for use by the disabled
individual are eligible for the tax credit as per the Internal
Revenue Code section outlined in this letter [i.e., section 44]”.
Petitioner also received a copy of a letter dated June 7, 1999,
in which Fred H. Williams of Perkins & Co., P.C., opined to
Rubera that “The purchase of these payphones is an expenditure
which qualifies for the Disabled Access Credit”.
A salesperson for Alpha Telcom informed petitioner that the
pay phones were modified by (1) lengthening the cords and/or
reducing the height to make the pay phones accessible to the
wheelchair bound and/or (2) installing volume controls to make
them more useful to the hearing impaired. Alpha Telcom
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