- 147 - 4. St. John’s River Power Park (SJRPP) Petitioner claims ITCs for the property that was constructed or reconstructed at the SJRPP pursuant to FPL’s written joint agreement (or JOA) with the JEA, and argues that this agreement is a TRA section 203(b)(1)(A) contract. In claiming an ITC, petitioner, in its reply brief, states that it “clearly limited this argument to the JOA” and does not rely on the third-party construction contracts entered into by the JEA.113 The equipment in issue was placed in service during the 1988, 1989, and 1990 taxable years with tax bases of $1,702,649, $2,376,238, and -$360,804,114 respectively. Respondent argues that the joint agreement is not a construction contract because the binding contract rule applies only to contracts in which construction, reconstruction, erection, or acquisition of property is itself the subject matter of the contract. TRA section 203(a)(3) provides relief from the ITC repeal for “any property which is constructed, reconstructed, or acquired by the taxpayer pursuant to a written contract which was 113 Respondent had argued in his brief that, because FPL was not a signatory to the many contracts entered into by the JEA, there are no TRA sec. 203(b)(1)(A) contracts under which petitioner may claim an ITC. 114 Petitioner claims a negative number as the ITC in its proposed ultimate findings of fact. Mr. Engstrom testified that the negative number was the result of FPL’s debit/credit accounting system.Page: Previous 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 Next
Last modified: May 25, 2011