- 21 - the language of the conference report quoted above and stated that "[t]o allow a supply contract to implicitly require the acquisition of property means that the transition rule exception would swallow the rule eliminating the ITC." In the third case, United States v. Commonwealth Energy Sys., 49 F. Supp. 2d 57 (D. Mass. 1999), the taxpayer sought transition ITC for post-1985 capital additions to its existing power plant in connection with its performance of four pre-1986 power supply contracts. The contracts specifically required the taxpayer "to cause to be built a new conventional steam plant * * * of an expected net economic capability of approximately 560 megawatts". Id. at 59. Because the contracts specified both the primary energy source and the total generating capacity, the Court reasoned that the facts of the case were precisely the facts of the following colloquy that occurred during Senate debate of the ITC transition rule for supply or service contracts: MR. MATSUNAGA: I would like to ask the bill managers to clarify another point. The supply or service contract transition rule requires that the property be readily identifiable with and necessary to carry out the contract. The committee report explains that the specifications and the amount of the property must be readily ascertainable from the terms of the contract or from related documents. Is this Senator’s understanding correct that the requirement is met when a binding power purchase contract specifies the type of generating equipment in terms of primary energy source and specifies the amount of generating equipment in terms of total generatingPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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