- 152 - that petitioner is not entitled to ITCs for the SJRPP property constructed pursuant to the joint agreement. D. TRA Section 203(b)(1)(B)--“Self-Constructed Property” Section 49(e) and TRA section 203(b)(1)(B) provide taxpayers with relief from the ITC repeal for “self-constructed property”. Specifically, TRA section 203(b)(1)(B) provides relief for: (B) property which is constructed or reconstructed by the taxpayer if-- (i) the lesser of (I) $1,000,000, or (II) 5 percent of the cost of such property has been incurred or committed by * * * [December 31, 1985] March 1, 1986,[115] and (ii) the construction or reconstruction of such property began by such date, * * * The repeal of the ITC does not apply to “transition property”. Sec. 49(b)(1). As a subcategory of “transition property”, self-constructed property, falls within the types of property excepted from the ITC repeal. Sec. 49(e)(1); TRA sec. 203(b)(1)(B). TRA section 203(b)(1)(B) begins by providing that it encompasses “property which is constructed or reconstructed by the taxpayer”. (Emphasis added.) Neither the statute nor the regulations define property for purposes of the ITC. Consumers Power Co. v. Commissioner, 89 T.C. 710, 725 (1987). The definition of property is crucial because it provides the basis for analyzing the requirements set forth in TRA section 115 See supra note 99.Page: Previous 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 Next
Last modified: May 25, 2011