FPL Group, Inc. & Subsidiaries - Page 19

                                               - 108 -                                                  
            Biphenyls (PCBs) Manufacturing, Processing, Distribution in                                 
            Commerce and Use Prohibitions; Use in Electrical Equipment, 47                              
            Fed. Reg. 37,342 (Aug. 25, 1982) (codified at 40 C.F.R. pt. 761).                           
                  We find that these statutes and regulatory materials fail to                          
            provide the specifications and amount of property for which                                 
            petitioner seeks ITCs.  TRA section 204(a)(3) requires that the                             
            terms of the supply contract and related documents readily                                  
            identify the specifications and amount of the property.  These                              
            regulatory materials provide guidelines that are generally                                  
            applicable; however, they do not specifically refer to                                      
            petitioner’s property.                                                                      
                  Petitioner’s reliance on regulatory guidance to readily                               
            identify its property is similar to that of the taxpayer in Bell                            
            Atl. Corp. v. United States, 224 F.3d at 221, which relied on                               
            service quality standards in its utility franchises, tariffs, and                           
            contracts with other telephone companies to identify property for                           
            purposes of TRA section 204(a)(3).  In Bell Atl. Corp., the court                           
            found that the terms of the utility franchise, tariffs, and                                 
            contracts with other telephone companies did not readily identify                           
            the taxpayer’s property because “these alleged ‘contracts’ speak                            
            only of service quality standards, never mentioning property of                             
            any sort.”  Id. at 224.                                                                     









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