Desta Taye-Channell and Bruce C. Channell - Page 11

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               Petitioners contend that they are eligible to claim the                
          disabled access credit under section 44(a) because (1) they had             
          an eligible small business, and (2) their investment in the                 
          program was an eligible access expenditure.  Respondent contends,           
          among other things, that a subscription to the program is not               
          necessary to comply with the ADA and thus is not an eligible                
          access expenditure pursuant to section 44(c).                               
               In order for an expenditure to qualify as an eligible access           
          expenditure within the meaning given that term by section 44(c),            
          the expenditure must have been made to enable an eligible small             
          business to comply with the applicable requirements under the               
          ADA.  Arevalo v. Commissioner, supra; Fan v. Commissioner, 117              
          T.C. 32 (2001).                                                             
               Title IV of the ADA requires “Each common carrier providing            
          telephone voice transmission services” to provide “throughout the           
          area in which it offers service, telecommunications relay                   
          services”.  47 U.S.C. sec. 225(c) (2000).  “Telecommunications              
          relay services” is defined as:                                              
               telephone transmission services that provide the ability for           
               an individual who has a hearing impairment or speech                   
               impairment to engage in communication by wire or radio with            
               a hearing individual in a manner that is functionally                  
               equivalent to the ability of an individual who does not have           
               a hearing impairment or speech impairment to communicate               
               using voice communication services by wire or radio.  Such             
               term includes services that enable two-way communication               
               between an individual who uses a TDD or other nonvoice                 
               terminal device and an individual who does not use such a              
               device.  [47 U.S.C. sec. 225(a)(3).]                                   
                                                                                     





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