MidAmerican Energy Company - Page 26




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            customers who were not customers of petitioner during the years                            
            of overcollection because they had only recently moved into                                
            petitioner’s service area.  There was also no interest component                           
            to the rate reductions, and no out-of-pocket payments in the form                          
            of checks or bill credits were made.  In sum, petitioner was not                           
            repaying its customers the excess deferred Federal income tax                              
            that it collected in prior years.  Rather, the rate reductions                             
            served only to reduce income in future years and did not directly                          
            compensate petitioner’s customers for prior overcollection.                                
            Because we conclude that petitioner is not entitled to a                                   
            deduction, petitioner fails to qualify for the preferential                                
            treatment of section 1341 for the taxable years in issue.                                  
                  In Dominion Resources, Inc. v. United States, supra, refunds                         
            of the entire amount of unprotected excess deferred Federal                                
            income tax were made to customers within 60 days of the                                    
            regulatory authority’s order to refund excess deferred Federal                             
            income tax, whereas, in the cases at hand, the returns were                                
            spread out over 3 years.  Also, the media used by the taxpayer in                          
            Dominion Resources to carry out such refunds were wire transfers                           
            to customers, checks to customers, or one-time credits on                                  
            customers’ bills.  See id. at 532-533.  Finally, at least some of                          
            the utility’s customers received interest on a portion of their                            
            refund from the date when the income tax rates lowered until the                           
            date of refund.  See id. at 533.  These factors, which differ                              






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