- 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.Page: Previous 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Next
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