- 25 - 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 isPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011