- 2 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011