- 102 - The tariff is not concerned with the “hows” or the “whats” of generating electricity; it merely sets forth the expected services FPL will provide to its customers. We do not think this is what Congress intended when it drafted the transitional relief to the repeal of the ITC. c. Documents Incorporated by Reference Into the Supply or Service Contract Petitioner also argues that the documents incorporated into the tariff readily identify the specifications and amount of property for which it claimed ITCs. Petitioner contends that it is irrelevant that the tariff does not reference the other documents because “‘referencing’ is not the test for a ‘related document’.” The supply or service contract rule requires that property is readily identifiable from the terms of the contract or related documents. TRA sec. 204(a)(3); H. Conf. Rept. 99-841 (Vol. II), supra at II-60, 1986-3 C.B. (Vol. 4) at 60. When a contract specifically incorporates another document by reference, the referenced document constitutes a “related document”. See Maine Yankee Atomic Power Co. v. Commissioner, T.C. Memo. 2002-176. Language within a contract that generally refers to industry standards and the applicable law, without specifically referringPage: Previous 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Next
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