26 U.S.C. § 4252

Definitions

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(a) Local telephone serviceFor purposes of this subchapter, the term “local telephone service” means—(1) the access to a local telephone system, and the privilege of telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system, and(2) any facility or service provided in connection with a service described in paragraph (1).The term “local telephone service” does not include any service which is a “toll telephone service” or a “private communication service” as defined in subsections (b) and (d).(b) Toll telephone serviceFor purposes of this subchapter, the term “toll telephone service” means—(1) a telephonic quality communication for which (A) there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication and (B) the charge is paid within the United States, and(2) a service which entitles the subscriber, upon payment of a periodic charge (determined as a flat amount or upon the basis of total elapsed transmission time), to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located.(c) Teletypewriter exchange service

For purposes of this subchapter, the term “teletypewriter exchange service” means the access from a teletypewriter or other data station to the teletypewriter exchange system of which such station is a part, and the privilege of intercommunication by such station with substantially all persons having teletypewriter or other data stations constituting a part of the same teletypewriter exchange system, to which the subscriber is entitled upon payment of a charge or charges (whether such charge or charges are determined as a flat periodic amount, on the basis of distance and elapsed transmission time, or in some other manner). The term “teletypewriter exchange service” does not include any service which is “local telephone service” as defined in subsection (a).

(d) Private communication serviceFor purposes of this subchapter, the term “private communication service” means—(1) the communication service furnished to a subscriber which entitles the subscriber—(A) to exclusive or priority use of any communication channel or groups of channels, or(B) to the use of an intercommunication system for the subscriber’s stations,regardless of whether such channel, groups of channels, or intercommunication system may be connected through switching with a service described in subsection (a), (b), or (c),(2) switching capacity, extension lines and stations, or other associated services which are provided in connection with, and are necessary or unique to the use of, channels or systems described in paragraph (1), and(3) the channel mileage which connects a telephone station located outside a local telephone system area with a central office in such local telephone system,except that such term does not include any communication service unless a separate charge is made for such service.(Aug. 16, 1954, ch. 736, 68A Stat. 503; Pub. L. 85–859, title I, § 133(a), Sept. 2, 1958, 72 Stat. 1290; Pub. L. 87–508, § 4(a), June 28, 1962, 76 Stat. 115; Pub. L. 89–44, title III, § 302, June 21, 1965, 79 Stat. 145.)Editorial NotesCodification

This subchapter, relating to the tax on communications was repealed by Pub. L. 90–364, title I, § 105(b)(3), June 28, 1968, 82 Stat. 266, as amended by Pub. L. 91–172, title VII, § 702(b)(3), Dec. 30, 1969, 83 Stat. 660; Pub. L. 91–614, title II, § 201(b)(3), Dec. 31, 1970, 84 Stat. 1843, effective with respect to amounts paid pursuant to bills first rendered on or after Jan. 1, 1982. In the case of communications services rendered before Nov. 1, 1981, for which a bill has not been rendered before Jan. 1, 1982, a bill shall be treated as having been first rendered on Dec. 31, 1981. Repeal of this subchapter was not executed in view of the amendments to section 4251 of this title by Pub. L. 96–499, Pub. L. 97–34, Pub. L. 97–248, Pub. L. 98–369, Pub. L. 99–514, Pub. L. 100–203, and Pub. L. 101–508, extending the date in (and finally eliminating) provisions which had reduced the tax to zero after a specified date.

Amendments

1965—Subsec. (a). Pub. L. 89–44 substituted definition of “local telephone service” for definition of “general telephone service”.

Subsec. (b). Pub. L. 89–44 replaced definition of “toll telephone service” as telephone or radio telephone message or conversation for which there is a toll charge paid within the United States with a definition which defined the term as a telephonic quality communication carrying a varying toll charge depending upon distance and elapsed transmission time and a service entitling the subscriber, upon payment of a periodic charge, to unlimited telephonic communication in an area outside the local telephone system area.

Subsec. (c). Pub. L. 89–44 substituted definition of “teletypewriter exchange service” for definition of “telegraph service”.

Subsec. (d). Pub. L. 89–44 substituted definition of “private communication service” for definition of “teletypewriter exchange service”.

Subsecs. (e), (f). Pub. L. 89–44 struck out subsecs. (e) and (f) which defined wire mileage service and wire and equipment service.

1962—Subsec. (e)(1), (2). Pub. L. 87–508 limited wire mileage service to service not used in the conduct of a trade or business.

1958—Subsec. (a). Pub. L. 85–859 substituted definition of “general telephone service” for provisions which defined “local telephone service” as any telephone service not taxable as long distance telephone service; leased wire; teletypewriter or talking circuit special service; or wire and equipment service, and provided that amounts paid for the installation of instruments, wires, poles, switchboards, apparatus, and equipment shall not be considered amounts paid for service, and that amounts paid for services and facilities which are exempted from other communication taxes by section 4253(b) should not be deemed to be within the definition of local telephone service.

Subsec. (b). Pub. L. 85–859 substituted “toll telephone service” for “long distance telephone service” and struck out provisions which defined “long distance telephone service” as a telephone or radio telephone message or conversation for which the toll charge is more than 24 cents.

Subsec. (c). Pub. L. 85–859 substituted “For purposes of this subchapter, the term ‘telegraph service’ means a telegram” for “As used in section 4251 the term ‘telegraph service’ means a telegraph”.

Subsec. (d). Pub. L. 85–859 substituted provisions defining “teletypewriter exchange service” for provisions which defined “leased wire, teletypewriter or talking circuit special service”.

Subsec. (e). Pub. L. 85–859 substituted provisions defining “wire mileage service” for provisions which defined “wire and equipment service”, which were covered by subsec. (f) of this section.

Subsec. (f). Pub. L. 85–859 added subsec. (f). Similar provisions were formerly contained in subsec. (e) of this section.

Statutory Notes and Related SubsidiariesEffective Date of 1965 Amendment

Amendment by Pub. L. 89–44 applicable to amounts paid pursuant to bills rendered on or after January 1, 1966, for services rendered on or after such date but, in the case of amounts paid pursuant to bills rendered after January 1, 1966, for services rendered before such date for which no previous bill had been rendered, applicable except with respect to such services as were rendered more than two months before such date, see section 701(b)(2)(A) of Pub. L. 89–44, set out as a note under section 4251 of this title.

Effective Date of 1962 Amendment

Pub. L. 87–508, § 4(c), June 28, 1962, 76 Stat. 115, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 4253 of this title] shall apply with respect to services furnished on or after January 1, 1963.”

Effective Date of 1958 Amendment

For effective date of amendment made by Pub. L. 85–859, see section 133(b) of Pub. L. 85–859, set out as a note under section 4251 of this title.

Notes of Decisions

Cited in 40 cases, 1970–2018 · leading case: Officemax, Inc. v. United States, 428 F.3d 583 (6th Cir. 2005).

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Officemax, Inc. v. United States, 428 F.3d 583 (6th Cir. 2005). · cites it 12× “” 26 U.S.C. § 4252 (b)(1) (emphasis added).”

Am. Online, Inc. v. United States, 64 Fed. Cl. 571 (Fed. Cl. 2005). · cites it 15× “First, according to the government, the services constituted toll telephone services under 26 U.S.C. § 4252 (b)(1), which provision applies where the toll charges vary according to “distance and elapsed transmission time.”

Fortis, Inc. v. United States, 420 F. Supp. 2d 166 (S.D.N.Y. 2004). · cites it 13× “The primary issue is whether the definition of taxable “toll telephone service” in 26 U.S.C. § 4252 (b)(1) includes long-distance service where charges are based on the elapsed transmission time of a call but *168 not the distance the call travels.”

Am. Bankers Ins. Grp. v. United States, 408 F.3d 1328 (11th Cir. 2005). · cites it 4× “ABIG contends that the statutory language quoted above is unambiguous, requiring the word “and” in the phrase “distance and elapsed transmission time” to be interpreted according to its ordinary, natural meaning.”

USA Choice Internet Servs., LLC v. United States, 522 F.3d 1332 (Fed. Cir. 2008). · cites it 14× “Because we hold that USA Choice's incoming-only phone lines meet the definition of "local telephone service," 26 U.S.C. § 4252 (a), and because none of the lines at issue fall within the "private communication service" exception, § 4252(d), we reverse.”

Reese Bros., Inc. v. United States, 447 F.3d 229 (3rd Cir. 2006). · cites it 5× “Reese Brothers argued that, pursuant to 26 U.S.C. § 4252 (b)(l)-which defines “toll telephone services” as services “for which there is a toll charge that varies in amount with the distance and elapsed transmission time of each individual communication”-the federal…”

Internal Revenue Serv. v. WorldCom, Inc. (In Re WorldCom, Inc.), 723 F.3d 346 (2d Cir. 2013). · cites it 9× “” 26 U.S.C. § 4252 (a)(1). The IRS contends that COBRA did so by connecting dial-up users to WorldCom’s network through modems and telephonic PRI lines, just like the similar dial-up Internet services that were found taxable by the Federal Circuit in USA Choice II and the Court…”

Am. Bankers Ins. Grp., Inc. v. United States, 308 F. Supp. 2d 1360 (S.D. Fla. 2004). · cites it 8× “26 U.S.C. § 4252 (b). The Court must thus determine whether long-distance service based on a toll rate that is dependent only on elapsed time and which does not vary based on distance satisfies the definition of toll telephone service under this státute.”

Honeywell Int'l, Inc. v. United States, 64 Fed. Cl. 188 (Fed. Cl. 2005). · cites it 6× “26 U.S.C. § 4252 (a) Local telephone service.”

Off. Max, Inc. v. United States, 309 F. Supp. 2d 984 (N.D. Ohio 2004). · cites it 5× “26 U.S.C. § 4252 (b). Plaintiff OfficeMax argues that the long-distance telephone service provided to it by MCI for the years 1999 — 2002 does not *989 constitute “toll telephone service” as defined above because (1) the charges imposed on the service at issue did not vary with…”

Nat'l R.R. Passenger Corp. v. United States, 431 F.3d 374 (D.C. Cir. 2005). · cites it 3× “26 U.S.C. § 4252 (b). Enacted in 1965, this language replaced an earlier definition of “toll telephone service”: “a telephone or radio telephone message or conversation for which (1) there is a toll charge, and (2) the charge is paid within the United States.”

Comcation, Inc. v. United States, 78 Fed. Cl. 61 (Fed. Cl. 2007). · cites it 6× “§ 4251 (b)(1)(A), which, in turn, are defined as: (1) the access to a local telephone system, and the privilege of telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system, and…”

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