FPL Group, Inc. & Subsidiaries - Page 62

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                  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.                                                                          




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