FPL Group, Inc. & Subsidiaries - Page 114

                                               - 194 -                                                  
                  We find that petitioner failed to offer into evidence a                               
            “written specific plan” relating to the “wrap up” work and                                  
            “enhancements and deficiencies” work.                                                       
                        b.    Costs Committed or Incurred                                               
            Even assuming arguendo that petitioner’s plan satisfies the                                 
            written specific plan requirement, we find that petitioner did                              
            not commit or incur one-half of the construction costs as of                                
            December 31, 1985.  Petitioner asserts that it satisfied this                               
            requirement because it was jointly obligated for the construction                           
            contracts entered into by the JEA.  Respondent argues that                                  
            petitioner cannot incur or commit more than 20 percent of the                               
            construction costs to the SJRPP because petitioner owns only a                              
            20-percent interest in the power plant.                                                     
                  While respondent relies on Payless Cashways, Inc. v.                                  
            Commissioner, 114 T.C. 72 (2000), petitioner attempts to                                    
            distinguishes its case from Payless Cashways.  In Payless                                   
            Cashways, this Court examined the equipped building rule of TRA                             
            section 203(b)(1)(C).131  The Court found that the taxpayer did                             
            not “incur or commit” more than 50 percent of the costs because                             


                  131 TRA sec. 203(b)(1)(C) provides the elements for both the                          
            equipped building and the plant facility transitional rules.  The                           
            conference report indicates that the elements of these two                                  
            transitional rules have the same meaning.  See H. Conf. Rept.                               
            99-841 (Vol. II), supra at II-57, 1986-3 C.B. (Vol. 4) at 57                                
            (noting that the equipped building rule applies when there is a                             
            building and that the plant facility rule applies “where the                                
            facility is not housed in a building.”).                                                    




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