- 13 - for a specified period of years. The contracts required the taxpayer to build “a new conventional steam plant” with a capability of “approximately 560 megawatts”, and the taxpayer was required to “operate and maintain” the plant “in an economical and efficient manner and in accordance with good utility practice and all applicable law”. Id. at 12. In 1990 and 1991, the taxpayer made several repairs and improvements to the plant and sought the investment tax credit under the transition rules for supply and service contracts provided for in section 204(a)(3) of TRA 1986. The Court of Appeals for the First Circuit stated that the conference report was helpful because “the requirement that the specifications and amount of the property be readily ascertainable indicates that the inquiry need be specific, although not exact.” Id. at 16. The Court of Appeals held that the taxpayer was not entitled to the investment tax credit under the transition rules for the cost of repairs and improvements made to its plant because the contracts did not contain the amount or specifications of potential replacement parts, and there was no contractual obligation for the taxpayer to replace parts on a specific schedule. Id. We conclude that the operating license and amendments thereto in this case are not related documents to the power contracts. Here, the operating license and amendments and appendices thereto were not incorporated by reference into thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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