MidAmerican Energy Company - Page 1















                                         114 T.C. No. 35                                               


                                     UNITED STATES TAX COURT                                           


                          MIDAMERICAN ENERGY COMPANY, Petitioner v.                                    
                        COMMISSIONER OF INTERNAL REVENUE, Respondent                                   


                  Docket Nos. 22728-97, 22729-97,    Filed June 30, 2000.                              
            22730-97, 22731-97.                                                                        


                        P is a public utility engaged in the retail                                    
                  distribution of natural gas, electricity, and related                                
                  services.  In 1987, in response to the enactment of                                  
                  sec. 451(f), I.R.C., P modified its method of                                        
                  accounting for tax purposes to coincide with its                                     
                  financial and regulatory accounting method and made a                                
                  sec. 481 adjustment.                                                                 
                        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.  P was required to adjust                               
                  utility rates from 1987 through 1990 to compensate for                               
                  this overcollection.                                                                 
                        Held:  P’s method of accounting for utility                                    
                  services from the unbilled period violates sec. 451(f)                               
                  and must be disallowed.  Held, further, P must adjust                                
                  the sec. 481 adjustment it made in 1986 to include                                   
                  revenue attributable to gas costs from the unbilled                                  





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