FPL Group, Inc. & Subsidiaries - Page 72

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            for property in the first taxable year that it is placed in                                 
            service.                                                                                    
                  Section 1.46-3(d)(4)(ii), Income Tax Regs., provides the                              
            following exception:                                                                        
                  if, for the first taxable year in which property is                                   
                  placed in service by the taxpayer, the property                                       
                  qualifies as section 38 property but the basis of the                                 
                  property does not reflect its full cost for the reason                                
                  that the total amount to be paid or incurred by the                                   
                  taxpayer for the property is indeterminate, a credit                                  
                  shall be allowed to the taxpayer for such first taxable                               
                  year with respect to so much of the cost as is                                        
                  reflected in the basis of the property as of the close                                
                  of such year, and an additional credit shall be allowed                               
                  to the taxpayer for any subsequent taxable year with                                  
                  respect to the additional cost paid or incurred during                                
                  such year and reflected in the basis of the property as                               
                  of the close of such year.                                                            
            Section 1.46-3(d)(4)(ii), Income Tax Regs., provides the taxpayer                           
            with an ITC in subsequent years when the cost of the property                               
            actually placed in service is indeterminate in the year it is                               
            placed in service.  However, this regulation does not allow a                               
            credit for additional components or property placed in service in                           
            subsequent years.  We agree with respondent that this regulation                            
            has limited applicability.  Section 1.46-3(d)(4)(ii), Income Tax                            
            Regs., applies only to property that the taxpayer actually placed                           
            in service in the first taxable year, where the “basis” of the                              
            components of the property that was actually placed in service                              
            does not reflect the full cost of the property because “the total                           
            amount to be paid or incurred by the taxpayer for the property is                           
            indeterminate”.                                                                             





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