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qualify under TRA section 203(b)(1)(C) because petitioner failed
to introduce a written specific plan and failed to incur or
commit more than one-half of the construction costs by December
31, 1985.
a. Written Specific Plan
Petitioner and respondent agree that the SJRPP was built
pursuant to written specific plans. However, respondent contends
that petitioner fails to meet the written specific plan
requirement of TRA section 203(b)(1)(C) because petitioner failed
to proffer any plans, drawings, blueprints, etc., verifying its
intentions to construct these items as of December 31, 1985.
Petitioner offered the testimony of Mr. Reid, a lead project
scheduler for petitioner, that FPL constructed the SJRPP using
more than 70,000 drawings. He testified that specific plans were
used for even the smallest components of the SJRPP’s
construction. However, petitioner offered into evidence only the
general maintenance drawings for the SJRPP.
TRA section 203(b)(1)(C) expressly requires that a taxpayer
construct a plant facility pursuant to a “written specific plan”.
The conference report indicates that this element is necessary to
establish that a taxpayer intended to construct the item for
which an ITC is claimed. H. Conf. Rept. 99-841 (Vol. II), supra
at II-57, 1986-3 C.B. (Vol. 4) at 57.
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