FPL Group, Inc. & Subsidiaries - Page 77

                                               - 160 -                                                  
            In an unpublished opinion, the Court of Claims reasoned that                                
            these three components constituted a single piece of property                               
            because the refinery could not function properly without the                                
            tanker-mooring facilities and the pipelines.  Haw. Indep.                                   
            Refinery, Inc. v. United States, 49 AFTR 2d at 691, 82-1 USTC                               
            par. 9183, at 83,311.  The Court of Appeals for the Federal                                 
            Circuit affirmed the holding of the Court of Claims that the                                
            refinery, tanker-mooring facility, and refined products pipelines                           
            constituted a single property for the purposes of the ITC.  Haw.                            
            Indep. Refinery, Inc. v. United States, 697 F.2d at 1069.                                   
            Agreeing that the components “functionally form a single                                    
            property”, the Court of Appeals noted that “the refinery complex                            
            was conceived, designed, and constructed as a unit, the three                               
            components being placed in operation concurrently.”  Id.                                    
                  In Consumers Power Co. v. Commissioner, 89 T.C. 710 (1987),                           
            this Court addressed the meaning of “a single property” under a                             
            prior ITC repeal and its transitional rules.  The taxpayer and                              
            Detroit Edison Co. built a hydroelectric plant, consisting of a                             
            pump storage plant and a reservoir.  Id. at 716-717.  The                                   
            taxpayer and Detroit Edison Co. began pumping water into the                                
            reservoir in October 1972 as part of the preoperational testing.                            
            Id. at 717.  In November 1972, the plant generated electrical                               


                  118(...continued)                                                                     
            sec. 50.  Id.                                                                               




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