- 11 - Respondent does not dispute that the fuel assemblies were necessary for petitioner to carry out the terms of the power contracts. Instead, respondent contends that the operating license and amendments and appendices thereto are not “related documents” to the power contracts. In Bell Atl. Corp. v. United States, supra, a telecommunications service provider claimed the investment tax credit for major improvements to its telephone systems. The taxpayer asserted that the franchises, tariffs, and contracts with other local telephone companies were written service contracts. The court did not find it necessary to decide whether the franchises, tariffs, and contracts were written service contracts but, instead, focused on whether any of the property improvements were readily identifiable with and necessary to carry out the contracts. The court found that the “franchises, tariffs, and other contracts contain service quality standards that regulate telephone service, impose conditions on service and set service goals.” Id. at 223-224. The court reasoned that the property for which the taxpayer sought an investment tax credit “cannot be determined from the terms of any of the tariffs, franchises, or other contracts * * * because these alleged ‘contracts’ speak only of service quality standards, never mentioning property of any sort.” Id. at 224.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011