MidAmerican Energy Company - Page 17




                                               - 17 -                                                  
            In years thereafter, an adjustment should have been made to                                
            January bills removing revenues from the unbilled period of the                            
            prior taxable year, and a corresponding adjustment should have                             
            been made to include revenue from the unbilled period for the                              
            current year for both gas costs and nongas margin.  The relevant                           
            legislative history suggests:                                                              
                  where it is not practical for the utility to determine                               
                  the actual amount of services provided through the end                               
                  of the current year, this estimate may be made by                                    
                  assigning a pro rata portion of the revenues determined                              
                  as of the first meter reading date or billing date of                                
                  the following taxable year.  [See S. Rept. 99-313,                                   
                  supra, 1986-3 C.B.(Vol. 3) at 121.]                                                  
            Respondent has made the necessary adjustment in the statutory                              
            notice, and respondent’s determination of this issue is                                    
            sustained.                                                                                 
            Section 1341 Issue                                                                         
                  Petitioner also argues that it is entitled to section 1341                           
            treatment for the amount by which it reduced utility rates from                            
            1987 to 1990 to compensate for excess deferred Federal income                              
            taxes.  Section 1341(a) provides in pertinent part:                                        
                        SEC. 1341(a).  In General.--If–-                                               
                              (1) an item was included in gross income for                             
                        a prior taxable year (or years) because it                                     
                        appeared that the taxpayer had an unrestricted                                 
                        right to such item;                                                            
                              (2) a deduction is allowable for the taxable                             
                        year because it was established after the close of                             
                        such prior taxable year (or years) that the                                    
                        taxpayer did not have an unrestricted right to                                 
                        such item or to a portion of such item; and                                    





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