FPL Group, Inc. & Subsidiaries - Page 42

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            that the property purchased and installed thereunder was readily                            
            identifiable with and necessary to those contracts.  The                                    
            equipment was placed in service during the 1988, 1989, and 1990                             
            taxable years with tax bases of $39,605,571, $2,648,789, and                                
            $1,169,866, respectively.  Respondent argues that the Southern                              
            company contracts are not TRA section 204(a)(3) contracts because                           
            FPL was not supplying anything under those agreements.  Indeed,                             
            respondent argues that FPL contracted for the purchase of                                   
            electricity and FPL’s counterparties were obligated to supply                               
            electricity.  For support of his interpretation, respondent cites                           
            the House Ways and Means Committee report, which explains:                                  
                  An example of a case to which * * * [the supply or                                    
                  service contract rule] would apply is that of a                                       
                  taxpayer who entered into a written binding power sales                               
                  contract before September 26, 1985, and is required to                                
                  construct (or have constructed) two facilities that                                   
                  will produce the power necessary to fulfill a                                         
                  contractual obligation. * * *                                                         
            H. Conf. Rept. 99-426, at 165 (1985), 1986-3 C.B. (Vol. 2) 1,                               
            165.  Furthermore, respondent contends that the property and                                
            equipment purchased and installed by FPL was not readily                                    
            identifiable in the Southern company contracts.                                             
                  We disagree with respondent’s interpretation that only the                            
            “supplier” under a supply contract is entitled to transition                                
            relief.  TRA section 204(a)(3) provides:                                                    









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