Maine Yankee Atomic Power Company - Page 11




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               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.                              








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