Edward Atlee Howes - Page 4




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          244 (2005), affd. 469 F.3d 436 (5th Cir. 2006); Crooks v.                   
          Commissioner, 453 F.3d 653 (6th Cir. 2006).  No court has held to           
          the contrary.  In short, this Court and the Courts of Appeals               
          have consistently held that a taxpayer’s investment in an                   
          arrangement involving pay telephones marketed by Alpha Telcom,              
          Inc. (Alpha Telcom) and its wholly owned subsidiary American                
          Telecommunications Co., Inc. (ATC) did not support either (1) a             
          deduction for depreciation, because the taxpayer did not have the           
          requisite benefits and burdens of ownership to support a                    
          depreciable interest in the pay telephones, or (2) a disabled               
          access credit under section 44, because such investment was not             
          an eligible access expenditure.                                             
               On September 20, 2004, the parties in the instant case filed           
          a comprehensive Stipulation Of Facts consisting of 33 numbered              
          paragraphs and 31 exhibits.  The Stipulation Of Facts and                   
          accompanying exhibits provide an evidentiary record for this                
          case, discussed more fully below, that does not materially differ           
          from the facts presented in the Alpha Telcom cases already                  
          decided by this Court and the Courts of Appeal.  Therefore, on              
          June 21, 2007, we ordered the parties to show cause in writing              
          why the Court should not enter a decision sustaining respondent’s           
          determination as to (1) the denial of deductions for depreciation           
          on the telephones, and (2) the denial of disabled access credits            








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