City of Santa Rosa, California - Page 25

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               is not available for use by the general public (within                  
               the meaning of paragraph (c) of this section), private                  
               business use may be established solely on the basis of                  
               a special economic benefit to one or more                               
               nongovernmental persons, even if those nongovernmental                  
               persons have no special legal entitlements to use of                    
               the property.  In determining whether special economic                  
               benefit gives rise to private business use it is                        
               necessary to consider all of the facts and                              
               circumstances, including one or more of the following                   
               factors--                                                               
                         (A)  Whether the financed property is                         
                    functionally related or physically proximate to                    
                    property used in the trade or business of a                        
                    nongovernmental person;                                            
                         (B)  Whether only a small number of                           
                    nongovernmental persons receive the special                        
                    economic benefit; and                                              
                         (C)  Whether the cost of the financed                         
                    property is treated as depreciable by any                          
                    nongovernmental person.                                            
          Respondent contends that this special rule is met in this case               
          because “the Pipeline Project is not available for use on the                
          same basis by persons not engaged in a trade or business.  Treas.            
          Reg. � 1.141-3(c)(1).”  We disagree.                                         
               The pipeline is available for use by members of the general             
          public.  The pipeline is an integral part of petitioner’s sewage             
          system.  The sewage ratepayers use the sewage system, including              
          the pipeline, as members of the general public.  They use that               
          system to dispose of their sewage, and they pay what the record              
          reflects to be uniform and standardized rates set by ordinance.              
          There are no specially negotiated rate arrangements, and all                 







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Last modified: May 25, 2011