Southern MultiMedia Communications, Inc. - Page 14




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         December 31, 1985, that sufficiently described most of the                   
         property upon which ITC was claimed.                                         
              In United States v. Commonwealth Energy Sys., 49 F. Supp. 2d            
         57 (D. Mass. 1999), after December 31, 1985, the taxpayer                    
         installed new power generating equipment in its power plant.  The            
         taxpayer claimed that the new equipment was necessary to carry               
         out specific power supply contracts that had been entered into               
         before December 31, 1985.  Language of the contracts indicated               
         the type of power generating equipment to be installed in terms              
         of primary energy source and total generating power.  The                    
         contracts specifically stated that the taxpayer agreed and was               
         bound under the contracts “to cause to be built a new                        
         conventional steam plant * * * of an expected net economic                   
         capability of approximately 560 megawatts”.  Id. at 59.  The                 
         Federal District Court for the District of Massachusetts                     
         concluded that despite the absence in the contracts of explicit              
         language describing the precise equipment to be installed, the               
         new generating equipment that was to be installed was readily                
         identifiable with the contracts and was plainly required to                  
         fulfill the specific additional power commitments that were                  
         explicitly set forth in the contracts.                                       
              The District Court in Commonwealth Energy Sys., however, did            
         not allow ITC for all of the costs associated with the new power             
         generating equipment.  The court disallowed ITC for costs of                 






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