Medical Transportation Management Corporation - Page 3

                                        - 3 -                                         
               The issue in this case is petitioners’ entitlement to an               
          income tax credit under section 34(a)(2) for gasoline excise tax            
          refundable with respect to certain uses under section 6421.1  We            
          hold that petitioners are not entitled to the credit.                       
                                     Background                                       
               Petitioners are for-profit Florida corporations with their             
          principal places of business and mailing addresses in Miami,                
          Florida, at the time their petitions were filed.  During the 1998           
          and 1999 taxable years, petitioners provided paratransit services           
          for the physically and mentally disabled within Miami-Dade                  
          County, Florida, and portions of southern Broward County,                   
          Florida.  The services petitioners provided were in fulfillment             
          of their duties under a contract with Cosmis Mobility Services,             
          Inc. (Cosmis).  Cosmis is the transportation services broker for            
          Miami-Dade County.  Cosmis was under contract with the Metro-Dade           
          Transit Authority (Transit Authority) to obtain transportation              
          for the physically and mentally disabled to meet the requirements           
          of the Americans With Disabilities Act of 1990 (ADA), Pub. L.               
          101-336, 104 Stat. 327.  Petitioners had no contractual                     
          relationship with the Transit Authority.                                    
               Petitioners provided paratransit services exclusively                  
          through the use of vans and sedans with seating capacities of               


               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.                       




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011