- 144 - We agree with respondent that the purchase of property/equipment for which petitioner seeks ITCs was not the subject matter of the interchange contract or the amended power agreement; accordingly, petitioner is not entitled to an ITC. 3. LMS Equipment Under A.B. Chance Contract Petitioner argues that FPL acquired the LMS equipment (substation equipment and transponders)111 “pursuant to a written contract with A.B. Chance, and that contract was binding on December 31, 1985.” Petitioner seeks ITCs for the LMS property/equipment placed in service during the 1988, 1989, and 1990 taxable years with tax bases of $362,837, $16,045,190, and $39,351,031, respectively. Respondent argues that “No contract existed between A.B. Chance (or anyone else) and FPL regarding Phase II and III prior to January 1, 1986.” Additionally, respondent argues that, even if there was a contract, it was not binding because FPL could terminate the contract for convenience. To resolve this issue, we must examine the A.B. Chance contract to determine whether it is a TRA section 203(b)(1)(A) binding contract. In October 1985, both parties executed the “General Conditions” section of the A.B. Chance contract. As found above, the contract incorporates and includes a copy of 111 “Petitioner limited its ITC claim strictly to the substation control equipment and the transponders acquired during the Periods in Issue because the computer equipment has a five- year class life.”Page: Previous 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 Next
Last modified: May 25, 2011