- 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.”).Page: Previous 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 Next
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