- 178 - 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 redesignedPage: Previous 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 Next
Last modified: May 25, 2011