- 164 - committed or incurred by December 31, 1985, the lesser of $1 million or 5 percent of the cost of property consisting of the “wrap up” work and “enhancements and deficiencies” work and therefore does not meet the requirements of TRA section 203(b)(1)(B). TRA section 203(b)(1)(B) also requires that a taxpayer had to begin construction of the property for which it seeks an ITC by December 31, 1985. The conference report clarifies when construction begins for purposes of TRA section 203(b)(1)(B). Construction of a facility or equipment begins when “physical work of a significant nature starts.” H. Conf. Rept. 99-841 (Vol. II), supra at II-56, 1986-3 C.B. (Vol. 4) at 56. “Physical work does not include preliminary activities such as planning or designing, * * * researching, or developing.” Id. When the property at issue is a building, “‘property’ includes all of the normal and customary components that are purchased from others and installed without significant modification”. Id. As we have previously held, petitioner cannot meet this requirement by treating the “wrap up” work and “enhancements and deficiencies” work as one property with Unit 1 and the common facilities at SJRPP. Mr. Reid testified that “ER4110 was the ER that was opened as the wrap ER * * * to do the remaining construction items under unit 1 and common [facility].” This ER was first authorized onPage: Previous 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 Next
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