FPL Group, Inc. & Subsidiaries - Page 96

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                  We find that the underwater intrusion system is separate                              
            property for purposes of TRA section 203(b)(1)(B).  We disagree                             
            with petitioner that Steelcase supports a finding that the                                  
            underwater intrusion system is entitled to an ITC under the self-                           
            constructed property rule.                                                                  
                  Although Steelcase acknowledges that a taxpayer may modify                            
            construction plans and still qualify for an ITC for its self-                               
            constructed property, we do not think that this case applies to                             
            FPL’s underwater intrusion system.  In Steelcase, the taxpayer                              
            redesigned the “Corporate Development Center” in the early stages                           
            of construction and before the building operated as the                                     
            corporation’s headquarters.  Petitioner, however, redesigned the                            
            underwater intrusion system after St. Lucie Units 1 and 2 became                            
            operational.                                                                                
                  St. Lucie was placed in service and functioned as a power                             
            plant before the underwater intrusion system was redesigned and                             
            installed; therefore, the redesigned system was not integral or                             
            necessary to the operation of the plant.  See Armstrong World                               
            Indus., Inc. v. Commissioner, 974 F.2d at 434-435.  Because the                             
            redesigned underwater intrusion system was not essential for St.                            
            Lucie to produce power, we find that the system constitutes                                 
            separate property.  See Haw. Indep. Refinery, Inc. v. United                                
            States, 697 F.2d at 1069; Consumers Power Co. v. Commissioner, 89                           
            T.C. at 726.  Because we have found that the redesigned                                     





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