FPL Group, Inc. & Subsidiaries - Page 16

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                  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 the                              






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