- 193 - No doubt, petitioner constructed the SJRPP using extensive and specific drawings and diagrams. Yet the plan introduced by petitioner lacked the specificity necessary to identify the “wrap up” work and “enhancements and deficiencies” work. While petitioner argues that Mr. Reid linked each work order in issue to the original written plan, TRA section 203(b)(1)(C) requires that a taxpayer introduce an actual written plan that specifically identifies the items in order to receive the ITC under the plant facility rule. Without the “written specific plan”, we cannot determine whether these items were part of the plans for the SJRPP as of December 31, 1985, or whether these specific items result from subsequent plans. We also note that the plan introduced by petitioner is the seventh revision, dated after December 31, 1985. The exact date of the revision is illegible, but it appears to have been made in 1988. The conference report indicates that insignificant modification to the “written specific plan” will not jeopardize an ITC under the plant facility rule; however, significant revisions after December 31, 1985, will disqualify a plant facility construction from the relief provided by TRA section 203(b)(1)(C). H. Conf. Rept. 99-841 (Vol. II), supra at II-57, 1986-3 C.B. (Vol. 4) at 57. Petitioner failed to prove that these revisions were insignificant, and Mr. Reid testified that he did not know whether the revisions were significant.Page: Previous 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 Next
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