Arthur R. Koskela - Page 11

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              in accord with their ordinary and natural meaning.                      
              See, e.g., Smith v. United States, 508 U.S. 223, 228                    
              (1993); Neff v. Am. Dairy Queen Corp., 58 F.3d 1063,                    
              1066 (5th Cir. 1995) (construing the term “operate”, as                 
              used in ADA title III, as follows:  “To ‘operate,’ in                   
              the context of a business operation, means ‘to put or                   
              keep in operation,’ ‘to control or direct the                           
              functioning of,’ ‘to conduct the affairs of; manage,’”                  
              (citations omitted)).  [Id. at 256.]                                    
              Consistent with our conclusion in Arevalo, we conclude that             
         petitioner did not own, lease, or operate anything as a result of            
         his investments in the pay phones and was never under an                     
         obligation to comply with the requirements of ADA title III                  
         during the years in issue.  See id.  We further conclude, as we              
         did in Arevalo, that petitioner was under no obligation to comply            
         with ADA title IV during the years in issue, since petitioner was            
         not actively engaged in the provision of services to anyone as a             
         result of his investments in the pay phones.  See id. at 257 (and            
         cases cited thereat).  Respondent is sustained on this issue.                
              Reviewed and adopted as the report of the Small Tax Case                
         Division.                                                                    
              To reflect the foregoing,                                               

                                            Decision will be entered for              
                                       respondent.                                    











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