- 202 - requisition approval dates). We find that petitioner failed to begin construction by December 31, 1985, as required by the plant facility transitional rule. c. Costs Committed or Incurred Even assuming arguendo that petitioner had commenced construction as required by TRA section 203(b)(1)(C), we agree with respondent that FPL failed to incur or commit to the construction costs by December 31, 1985. TRA section 203(b)(1)(C) requires that “more than one-half of the cost of such * * * facility has been incurred or committed by” December 31, 1985. See sec. 49(e). Petitioner asserts that it had committed to 100 percent of the construction costs, as evidenced by the plot plan. We disagree. We think that the plain meaning of “committed”, as used in TRA section 203(b)(1)(C), requires that a taxpayer contract for, or be obligated to, the construction of the property. See Webster’s Third New International Dictionary 457 (1986) (defining “commit” as to “contract or bind by obligation to a particular disposition”). Although the plot plans provide for additional transformers that petitioner may install in the future, Mr. Veronee testified that the plans did not mandate that petitioner construct these additional items. Mr. Veronee further testified that petitionerPage: Previous 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 Next
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