Arthur R. Koskela - Page 3

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               Respondent determined deficiencies of $4,875, $4,875, and              
          $1,514 in petitioner’s Federal income taxes for the taxable years           
          2000, 2001, and 2002, respectively.  The deficiencies were due to           
          respondent’s disallowance of a tax credit regarding petitioner’s            
          investment in pay telephones (pay phones) for each of the years             
          in issue.                                                                   
               The sole issue for decision is whether petitioner is                   
          entitled to claim tax credits under section 44 for his                      
          investments in the pay phones for 2000, 2001, and 2002.                     
               We note that the Court recently issued an Opinion in the               
          case of Arevalo v. Commissioner, 124 T.C. 244 (2005).  The facts            
          in this case, relating to the investments in pay phones, are                
          virtually identical to the facts in Arevalo.  Thus, the Opinion             
          in Arevalo is controlling.                                                  
                                     Background                                       
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and the attached exhibits are              
          incorporated by this reference.  Petitioner resided in Phoenix,             
          Arizona, at the time the petition was filed.                                
               Petitioner entered into three separate contracts dated                 
          August 18, 2000, November 7, 2000, and January 2, 2001, with ATC,           
          Inc. (ATC), a wholly owned subsidiary of Alpha Telcom, Inc.                 
          (Alpha Telcom), entitled “Telephone Equipment Purchase Agreement”           
          (ATC pay phone agreements).                                                 






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