FPL Group, Inc. & Subsidiaries - Page 53

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            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.                                                               









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