Florida Progress Corporation and Subsidiaries - Page 15




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          1986 pursuant to TRA.  The taxpayer was forced by regulatory law            
          to reduce its rates in subsequent years to offset the excess                
          deferred Federal income tax.                                                
               A deductible expense is required by section 1341(a)(2) to              
          qualify for relief under the statute.  This Court held that the             
          taxpayer’s method of decreasing its deferred Federal income tax             
          account resembled a reduction in rates rather than a deductible             
          expense.  Factors that led to this Court’s conclusion were:                 
          First, the taxpayer had returned excess deferred income tax to              
          customer classes based upon current energy consumption, not upon            
          amounts each individual customer actually overpaid during the               
          years of overcollection; second, no interest component was                  
          included with the refunds; and, third, the taxpayer set off the             
          amount to be refunded against future amounts owed for goods and             
          services on customers’ bills, rather than actually returning                
          money to customers.  This Court decided that the taxpayer “was              
          not repaying its customers the excess deferred Federal income tax           
          that it collected in prior years.  Rather, the rate reductions              
          served only to reduce income in future years and did not directly           
          compensate * * * [the taxpayer’s] customers for prior                       
          overcollection.”  Id. at ___ (slip op. at 26).  Because these               
          same factors are present in the case at hand, we conclude that              
          Florida Power’s return of excess deferred Federal income tax                
          resembles a reduction in rates rather than a deductible expense.            





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