- 100 - constitute a public offering by the utility which, when accepted by the subscribers, creates a contract embodying the terms and conditions of that tariff. * * * Id.; see also Rev. Rul. 72-49, 1972-1 C.B. 125. In Rev. Rul. 68-109, supra, there was a service contract independent of the tariff. The conclusion of the revenue ruling, that there was a service contract, is based upon the agreement entered into between the utility and its customers. After determining that such service contract existed, the revenue ruling found that “Furthermore” the provisions of the tariff also bound the parties. The instant case is distinguishable because there was no binding contract independent of the tariff. The service agreement between the utility and its customers was the determining factor in the ruling. It was in this context that the ruling stated that the tariff was a contract. The revenue ruling does not address TRA section 204(a)(3), nor does it state that the tariff is a binding supply or service contract. Here, we must determine whether the tariff constitutes a binding supply or service contract for purposes of TRA section 204(a)(3). We do not think this revenue ruling supports a finding that the tariff is a binding supply or service contract for purposes of TRA section 204(a)(3).Page: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Next
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