Broz v. Comm'r
United States Tax Court
Ps were shareholders in a wholly owned S corporation (S) engaged in providing wireless cellular service. The parties dispute the length in years of the recovery period that S must use to calculate its annual depreciation deduction for the wireless cellular assets. Wireless cellular assets include antenna support structures, cell site equipment and leased digital equipment.
Read the full summary
Ps were shareholders in a wholly owned S corporation (S) engaged in providing wireless cellular service. The parties dispute the length in years of the recovery period that S must use to calculate its annual depreciation deduction for the wireless cellular assets. Wireless cellular assets include antenna support structures, cell site equipment and leased digital equipment. Held: We apply the plain language of sec. 168, I.R.C., in interpreting classification issues of first impression. The plain language of Rev. Proc. 87-56, 1987-2 C.B. 674, the revenue procedure in effect for the years at…
1Opinion of the Court
Kroupa, Judge:
Respondent determined over $16 million of deficiencies1 in petitioners’ Federal income tax for 1996, 1998, 1999, 2000 and 2001 (the years at issue).
In this report we decide whether RFB Cellular, Inc. (rfb), an S corporation petitioners wholly owned, is entitled to certain depreciation deductions for wireless cellular equipment. Specifically, we must determine whether petitioners properly classified antenna support structures, cell site equipment and leased digital equipment for depreciation purposes.2 We find that they did not. A forthcoming report will address the remaining…
2Cases cited6 opinions
- Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992
- Norwest Corp. v. Comm'rUnited States Tax Court · 1998
- Pacific Enters. & Subsidiaries v. CommissionerUnited States Tax Court · 1993
- Sprint Corp. v. CommissionerUnited States Tax Court · 1997
- Grinalds v. CommissionerUnited States Tax Court · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Broz v. Comm'rUnited States Tax Court · 2011
- Deseret Management Corporation v. United StatesUnited States Court of Federal Claims · 2013
- AmeriSouth XXXII, Ltd. v. Comm'rUnited States Tax Court · 2012
- Broz v. Comm'rUnited States Tax Court · 2011
- Broz v. Comm'rUnited States Tax Court · 2011
1 more not listed; retrieve them via the Exa API.