- 6 - for the Southern District of Florida. The matter was transferred to the U.S. Bankruptcy Court for the District of Oregon on September 17, 2001. On March 12, 2002, petitioners each filed a proof of claim with the bankruptcy court for a total of $39,492.3 Petitioner did not receive any money from Alpha Telcom or ATC or the pay phones they purchased. C. Claimed Deductions and Credits On April 12, 2002, petitioners jointly filed a Form 1040, U.S. Individual Income Tax Return, for 2001, to which they attached a Schedule C, Profit or Loss From Business, claiming a depreciation deduction of $2,143 with respect to the seven pay phones. Petitioners also attached to the 2001 return a Form 8826, Disabled Access Credit, claiming a $5,000 tax credit with respect to the seven pay phones. On April 12, 2003, petitioners filed a joint Form 1040 for 2002, to which they attached a Schedule C claiming an expense deduction of $14,000 on line 27 as an “Other” expense. In the 3 The bankruptcy matter was dismissed on Sept. 10, 2003, by motion of Alpha Telcom. The bankruptcy court held that it was in the best interest of creditors and the estate to dismiss the bankruptcy matter so that proceedings could continue in Federal District Court, where there was a pending receivership involving debtors. The Securities and Exchange Commission (SEC) brought a civil suit against Alpha Telcom in 2001 in the U.S. District Court for the District of Oregon. On Feb. 7, 2002, the District Court held that the pay phone scheme was actually a security investment, and Alpha Telcom had violated Federal law because it did not register the program with the SEC. SEC v. Alpha Telcom, Inc., 187 F. Supp. 2d 1250 (D. Or. 2002), affd. 350 F.3d 1084 (9th Cir. 2003).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008