- 105 - intended to incorporate, to refer to that, so that anyone looking at this tariff sheet would see that there were other conditions that apply. Neither TRA section 204(a)(3) nor the conference report articulates a standard for identifying “related documents.” Maine Yankee Atomic Power Co. indicated that a supply or service contract must incorporate an item by reference for it to constitute a “related document.” In light of Helvering v. Nw. Steel Rolling Mills, 311 U.S. at 49, we agree with the interpretation of the supply or service contract rule in Maine Yankee Atomic Power Co. because it strictly construed the ITC transitional rule, a provision which grants a special tax exemption. Petitioner’s position would expand the supply or service contract rule beyond its proper scope because property could be identified from documents that have not been referred to in the supply or service contract. Therefore, we find that the language in the tariff must incorporate by reference the alleged “related documents”. The general language of the power contract in Maine Yankee Atomic Power Co. is analogous to the language petitioner relies upon in the tariff. The taxpayer in Maine Yankee Atomic Power Co. asserted that the power contract incorporated “related documents” by providing that its power plant will operate “in accordance with good utility practice under the circumstances and all applicable law, including the applicable provisions of thePage: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
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