FPL Group, Inc. & Subsidiaries - Page 75

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            costs by the applicable date; nor (2) begin construction by                                 
            December 31, 1985.  Petitioner argues that it met these                                     
            requirements because the “wrap up” work and “enhancements and                               
            deficiencies” work was part of the SJRPP Unit 1 property.                                   
                  We find that the “wrap up” work and the “enhancements and                             
            deficiencies” work constitute separate property from Unit 1 and                             
            the common facilities because they were not essential or integral                           
            to the operation of Unit 1 and the common facilities at the                                 
            SJRPP.   Both petitioner and respondent rely on Haw. Indep.                                 
            Refinery, which we find particularly instructive.  In Haw. Indep.                           
            Refinery, Inc. v. United States, 697 F.2d at 1064, the court                                
            analyzed the meaning of property under section 50 of the 1971                               
            Internal Revenue Code, which restored the ITC.  The taxpayer                                
            built an oil refinery facility comprised of a tanker-mooring                                
            facility, pipelines, and a refinery.  Id. at 1065-1066.  The                                
            taxpayer argued that the tanker-mooring facility and the                                    
            pipelines qualified for an ITC because these two components were                            
            separate pieces of property from the refinery.118  Id. at 1069.                             

                  118 Construction on the tanker-mooring facility and the                               
            pipelines began on May 21 and Nov. 30, 1971, respectively.  Haw.                            
            Indep. Refinery, Inc. v. United States, 697 F.2d 1063, 1069 (Fed.                           
            Cir. 1983).  The construction of these items began after sec. 50                            
            restored the ITC.  Id.  If the tanker-mooring facility and the                              
            pipelines constituted separate property from the refinery, these                            
            two components would have qualified for the ITC.  Id.  However,                             
            if these components were considered a single piece of property                              
            with the refinery, they would not qualify for the ITC because                               
            construction of the refinery began before the effective date of                             
                                                                          (continued...)                




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