MidAmerican Energy Company - Page 23




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            future electric services. See id. at 1113.  In reaching its                                
            conclusion, the court stated:                                                              
                  In reality, Iowa Southern must be viewed simply as                                   
                  enjoying higher rates, and greater income, during the                                
                  construction period, and lower rates, and presumably                                 
                  less income, during the thirty years that follow                                     
                  completion of the plant.  As a result, it is also                                    
                  incorrect to view the change in the rate structure as a                              
                  cost of goods sold.  * * *  [Id. at 1114.]                                           
            One of the factors considered by the court was that future                                 
            refunds were to be made to future customers, some of whom were                             
            not in privity with the customers who paid the original surcharge                          
            during plant construction.  See Chernin v. United States, 149                              
            F.3d 805, 816 (8th Cir. 1998).                                                             
                  In Roanoke Gas Co., the taxpayer collected utility fees that                         
            were based on the costs that it incurred for purchasing gas.  Due                          
            to the lag between the effective date of a price change for gas                            
            and implementation of a rate adjustment to reflect this change,                            
            the taxpayer overcollected from its customers when gas prices                              
            dropped.  The taxpayer was required at the end of each year to                             
            determine the amount, if any, that it had overcollected and to                             
            adjust rates accordingly for the next year.  The taxpayer claimed                          
            that the obligation to refund excessive collections through a                              
            rate adjustment constituted a deductible business expense.  The                            
            years in issue predated the section 461(h) economic performance                            
            rules.                                                                                     








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