MidAmerican Energy Company - Page 22




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            ordinary and necessary business expense deductible under section                           
            162.                                                                                       
                  Respondent argues that there is a difference between a mere                          
            rate reduction on future sales to take into account                                        
            overrecoveries in a previous year and an expense for which a                               
            deduction is allowable.  See, e.g., Roanoke Gas Co. v. United                              
            States, 977 F.2d 131 (4th Cir. 1992); Iowa S. Utils. Corp. v.                              
            United States, 841 F.2d 1108 (Fed. Cir. 1988); Southwestern                                
            Energy Co. v. Commissioner, 100 T.C. 500 (1993).                                           
                  In Iowa S. Utils. Corp., a taxpayer utility collected a                              
            surcharge from its customers in order to help finance the                                  
            construction of a new power plant.  The regulatory agency                                  
            approved the surcharge on the condition that the surcharge would                           
            be refunded by the taxpayer without interest to customers over                             
            the next 30 years.  The taxpayer argued that the obligation to                             
            refund was a liability satisfying the all events test of section                           
            461 and that it was entitled to a current deduction for the full                           
            amount of the refunds it expected to make during the next                                  
            30 years.  Iowa S. Utils. Corp. concerned tax years prior to the                           
            date when the economic performance rules of section 461(h) went                            
            into effect.  The Court of Appeals held that the taxpayer did not                          
            have a deductible liability to refund, but, instead, the refunds                           
            resulted from a regulatory policy setting the allowable rates for                          








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