- 2 - MEMORANDUM FINDINGS OF FACT AND OPINION LARO, Judge: This consolidated case was submitted to the Court without trial. See Rule 122(a). Lykes Energy, Inc. (Lykes) and Subsidiaries petitioned the Court to redetermine the following Federal income tax deficiencies: Taxable Year Deficiency 1988 $1,075,219 1989 1,023,665 1990 1,306,399 1991 1,524,819 1992 1,704,765 1993 1,904,928 1994 1,953,607 We must decide whether funds collected by Lykes' subsidiary, People's Gas System, Inc. (People's), under the terms of certain energy conservation programs (FEECA programs) are includable in People's gross income. We hold they are. We also must decide whether People's expenditures under the FEECA programs are required to be capitalized under section 263(a).1 We hold they are to the extent described herein. Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the subject years. Rule references are to the Tax Court Rules of 1 People's participated in seven FEECA programs. Respondent has conceded that petitioners may deduct expenditures for two of these programs; namely, the Residential Conservation Service Program and the Appliance Energy Savings Payback Program. The parties agree that any amounts required to be capitalized must be amortized over 13 years.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011