Maine Yankee Atomic Power Company - Page 12




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               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 output           






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