FPL Group, Inc. & Subsidiaries - Page 88

                                               - 170 -                                                  
            the Andytown-Lauderdale transmission line, petitioner placed                                
            property in service with tax bases of $6,436,912, $545,188, and                             
            $16,707 in 1988, 1989, and 1990 taxable years, respectively.                                
            Petitioner claims that these transmission lines were essential                              
            components to the Jensen-Midway-Turnpike and Andytown-Lauderdale                            
            substations; therefore, the costs incurred and construction date                            
            requirements of TRA section 203(b)(1)(B) must be analyzed from                              
            the perspective of the transmission line system.                                            
                  Respondent argues that the transmission line components                               
            constitute separate property from the transmission line system.                             
            As a separate property, respondent asserts that petitioner failed                           
            to incur or commit any costs before January 1, 1986, and that the                           
            construction of these components had not begun before that date.                            
            We agree with respondent.                                                                   
                  Components will constitute a single property when all parts                           
            are functionally interdependent and essential to the operation of                           
            the unit as a whole when the unit becomes operational.  Armstrong                           
            World Indus., Inc. v. Commissioner, 974 F.2d at 434; Haw. Indep.                            
            Refinery, Inc. v. United States, 697 F.2d at 1069; Consumers                                
            Power Co. v. Commissioner, 89 T.C. at 726.  We find that the                                
            Jensen-Midway-Turnpike and the Andytown-Lauderdale transmission                             
            line components constitute separate property.                                               
                  Unlike Haw. Indep. Refinery, Inc., where the refinery’s                               
            function depended on the offsite components, petitioner received                            





Page:  Previous  160  161  162  163  164  165  166  167  168  169  170  171  172  173  174  175  176  177  178  179  Next

Last modified: May 25, 2011