- 139 - constitutes acceptance of that offer. Id. at 820. However, even assuming the existence of a contract, the evidence lacks any contract between FPL and Stearns Catalytic that was binding on December 31, 1985, an express requirement of the transitional rule. One purchase order has an effective date of December 17, 1984, and an expiration date of November 1, 1985. Apparently, a change order to the purchase order was issued, having an effective date of December 19, 1985. However, we have no evidence showing whether the agreement between Stearns Catalytic and FPL was a binding contract as of December 31, 1985. No testimony identifies the date that Stearns Catalytic accepted FPL’s written offer. The purchase orders in evidence are FPL’s purchase orders. Mr. Bible testified that FPL purchased equipment/services from Stearns Catalytic as stated in the purchase orders. But no evidence indicates when the contract to provide such equipment/services was created. The record contains only information establishing when FPL made its offer to Stearns Catalytic. Accordingly, we hold that the FPL/Stearns Catalytic relationship is not a binding contract for purposes of TRA section 203(b)(1)(A); therefore, petitioner is not entitled to an ITC with respect to the nuclear fuel transfer system in the 1988, 1989, and 1990 taxable years.Page: Previous 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Next
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