- 17 - the property involved may still come under this rule; however, there cannot be substantial modification in the plan if the equipped building rule is to apply. The plan referred to must be a definite and specific plan of the taxpayer that is available in written form as evidence of the taxpayer’s intentions. The equipped building rule can be illustrated by an example where the taxpayer has a plan providing for the construction of a $100,000 building * * * [H. Conf. Rept. 99-841, supra at II-56-57, 1986-3 C.B. (Vol. 4) at 56-57; emphasis added.] Based on the legislative history provided in the conference report, we think it a fair inference that Congress intended that the taxpayer claiming the credit would be the party required to have the relevant plan, as evidence of its intention, and that the taxpayer be the party that “incurred or committed” more than 50 percent of the adjusted basis of the building and the equipment to be used in it.10 We therefore hold that the taxpayer claiming the credit under the exception contained in TRA section 203(b)(1)(C) must be the party who has the specific 10Payless contends that TRA sec. 203(b)(1)(C) was designed to protect those taxpayers who, although having committed to incur or having incurred substantial costs toward furnishing and equipping a building in a large scale project by the end of 1985, did not have all the items to be included in the completed facility reduced to a timely binding contract. In Payless’ view, a group of taxpayers could be amalgamated so that as an aggregate they would achieve the required commitment. Payless suggests no measure for what constitutes a “substantial commitment”. Additionally, petitioners’ proposed interpretation of the section, by logical extension, would allow the section to be read so that a taxpayer who had committed a very minor part of the total construction and equipping costs could claim an investment tax credit if other taxpayers had committed more than half the costs of the equipped building by the cutoff date.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011