- 28 - the 1-year periods within the measurement period. Sec. 1.141- 3(g)(3), Income Tax Regs. In general, the percentage of private business use of property for any 1-year period is the average private business use during that year. Sec. 1.141-3(g)(4)(i), Income Tax Regs. This average is determined by comparing the amount of private business use and use that is not private business use (government use) during that year. Id. In the case of a facility in which actual government use and private business use occur at different times, the average amount of private business use generally is based on the amount of time that the facility is used for private business use as a percentage of the total time for all actual use. Sec. 1.141-3(g)(4)(ii), Income Tax Regs. In the case of a facility in which government use and private business use occur simultaneously, the entire facility is generally treated as having private business use. Sec. 1.141-3(g)(4)(iii), Income Tax Regs. If, however, there is also private business use and actual government use on the same basis, the average amount of private business use may be determined on a reasonable basis that properly reflects the proportionate benefit to be derived by the various users of the facility (for example, reasonably expected fair market value of use). Id. Respondent fails to explain in his determination how a reservation of a certain capacity of wastewater disposed ofPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011