FPL Group, Inc. & Subsidiaries - Page 59

                                               - 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.”                                                                           




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