- 2 - Taxable Year Deficiency 1992 $123,999 1993 300,475 1995 306,346 1996 1,228,868 The issues remaining for decision are: (1) Should the Court sustain respondent’s determination that the expenditures at issue must be capitalized under section 263(a)?1 We hold that the Court should. (2) Should the Court sustain respondent’s determination that the period over which the expenditures at issue must be amortized and deducted is the term of certain identical modified sale and leaseback agreements beginning with taxable year 1995 and ending with taxable year 2020? We hold that the Court should. FINDINGS OF FACT Most of the facts have been stipulated and are so found. Petitioner had its principal office in Bismarck, North Dakota, at the time it filed the petition in this case. During the years at issue, petitioner’s principal business was the generation and transmission of electrical power to its member rural electrical systems located in an eight-State region of the upper Midwest. During the late-1970s through the mid- 1980s, petitioner constructed new electrical power generating and 1All section references are to the Internal Revenue Code in effect for the years at issue. All Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011