Basin Electric Power Cooperative - Page 2

                                        - 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.                                  




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Last modified: May 25, 2011