- 129 - 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:Page: Previous 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Next
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