- 12 - The taxpayer in Bell Atl. Corp. also asserted that its estimate files were related documents because the estimate files documented the purchase of and need for the new property under the service quality standard. The court held “that property cannot be shown to be ‘readily identifiable with’ a written service contract by means of internally generated documents, such as the estimate files * * *, that were not prepared contemporaneously with the contract, that had no binding effect on anyone, and that were not provided to the other contracting party”. Id. at 225. In S. Multi-Media Communications, Inc. v. Commissioner, 113 T.C. 412 (1999), a cable television company claimed the investment tax credit for property used to make extensive improvements to some of its systems and to extend its lines in some of its service areas. Even though the company’s franchise required that the system be “maintained in accordance with the highest accepted standards of the industry”, this Court held that “the general language of * * * franchise agreements, without more, reflects only broad industry standards, not specific contractual commitments to undertake rebuilds.” Id. at 414, 421. In United States v. Commonwealth Energy Sys., supra, the taxpayer entered into a set of power contracts with other utilities in 1965, pursuant to which it agreed to build a power plant and the other utilities agreed to purchase the plant outputPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011