City of Santa Rosa, California - Page 28

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          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 of                  






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Last modified: May 25, 2011