Florida Progress Corporation and Subsidiaries - Page 25




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          However, the loan agreements provided that, if the total amount             
          of interest paid by a borrower over the life of the loan exceeded           
          a preset fixed-rate cap, the taxpayer would refund the excess.              
          The taxpayer included in income the amount of interest collected            
          with each monthly payment only to the extent it did not exceed              
          the fixed-rate cap.  Respondent argued, and this Court agreed,              
          that the excess collections should be included in gross income              
          because a contingent obligation to repay does not constitute a              
          restriction on use sufficient to prevent their being classified             
          as income.                                                                  
               The excess collections in Southwestern Energy Co. and                  
          Continental Ill. Corp. differ from the excess fuel and energy               
          conservation costs collected by Florida Power in three                      
          significant respects.  First, Florida Power is required to pay              
          interest on its overrecoveries, whereas, in Southwestern Energy             
          Co. and Continental Ill. Corp., the taxpayer did not include an             
          interest component in its refunds of excess collections.  Second,           
          Florida Power, burdened by additional accounting and                        
          administrative responsibilities, derives no benefit from the                
          regulatory imposed recovery system.  Florida Power is forced by             
          the FPSC and FERC to overrecover its costs and then give refunds            
          in later months in order to reduce the volatility of customers’             
          monthly bills caused by fluctuating fuel prices and random energy           
          conservation expenditures.  The regulatory recovery method is               





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Last modified: May 25, 2011