MidAmerican Energy Company - Page 24




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                  In holding that the taxpayer was not entitled to a current                           
            deduction for refunds not yet made, the court, relying on Iowa S.                          
            Utils. Corp., found that the taxpayer’s obligation to refund was                           
            not a deductible liability but was merely an obligation to reduce                          
            its future income.  See Roanoke Gas Co. v. United States, supra                            
            at 136-137.  The Court of Appeals pointed to several factors that                          
            supported its determination.  First, rather than an actual                                 
            movement of funds from the taxpayer to its customers, a setoff on                          
            customers’ bills was used as the medium for carrying out the                               
            refunds.  Second, the identity of the customers who received the                           
            refunds was not identical to the customers who had overpaid funds                          
            in the earlier year of overcollection.  Finally, no interest                               
            component was included with the refund for the time span between                           
            when the refunds were ordered by the regulatory agency and when                            
            the refunds were actually carried out on customers’ bills.  In                             
            the view of the court, these factors, when combined, made the                              
            refunds resemble a reduction in future income rather than a                                
            deductible expense.                                                                        
                  The decision of this Court in Southwestern Energy was based                          
            on facts nearly identical to those of Roanoke Gas Co.  This Court                          
            recognized that there is a difference between an expenditure,                              
            deductible under section 162, and a mere reduction in income                               
            under a regulatory requirement that a taxpayer utility compute                             
            its rates in a manner that offsets overrecoveries from a previous                          






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Last modified: May 25, 2011