FPL Group, Inc. & Subsidiaries - Page 68

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            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.                                                                




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