Florida Progress Corporation and Subsidiaries - Page 1













          114 T.C. No. 36                                                             


                               UNITED STATES TAX COURT                                


             FLORIDA PROGRESS CORPORATION & SUBSIDIARIES, Petitioner v.               
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 2961-97.            Filed June 30, 2000.                    


                    U, a public utility filing consolidated Federal                   
               income tax returns with P, engaged in the retail and                   
               wholesale distribution of electricity and related                      
               services.  Federal income tax rates were reduced in                    
               1986 pursuant to the Tax Reform Act of 1986, Pub. L.                   
               99-514, sec. 821, 100 Stat. 2372, creating an excess in                
               deferred Federal income tax collected from customers of                
               U.  U was required to adjust utility rates in 1987 and                 
               1988 to compensate for this overcollection.                            
                    U was allowed to collect funds equal to its                       
               projected fuel and energy conservation costs.  Pursuant                
               to regulatory law, monthly collections remained fixed                  
               over a 6-month recovery period in order to decrease the                
               volatility of customers’ bills.                                        
                    1.  Held, U’s rate reductions from 1987 through                   
               1990 to compensate for excess deferred Federal income                  
               tax are not deductible business expenses within the                    









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