- 87 - various DRI projects for which it claims ITCs. Because of the large number of DRI projects and in the interest of brevity, we will detail in appendix B the information from the work orders that petitioner cites on brief to support its claimed ITCs. With respect to equipment related to the DRI projects, petitioner incurred capitalized costs (tax basis) of $1,464,901, $3,609,855, and $4,832,205 for equipment placed in service in the 1988, 1989, and 1990 taxable years, respectively. OPINION A. The Statutory Landscape Before 1986, section 38(a)95 of the Internal Revenue Code of 1954 provided businesses with an investment tax credit (ITC), and section 46(a) determined the amount of the ITC available to taxpayers. Section 49(a) eliminated the ITC for all property placed in service after December 31, 1985.96 However, section 49 95 Unless otherwise indicated, all section references are to the Internal Revenue Code for the years at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 96 Sec. 49(a), which was added to the Internal Revenue Code by the Tax Reform Act of 1986 (TRA), Pub. L. 99-514, sec. 211, 100 Stat. 2166, provides: SEC. 49. TERMINATION OF REGULAR PERCENTAGE. (a) General Rule.–-For purposes of determining the amount of the investment tax credit determined under section 46, the regular percentage shall not apply to any property placed in service after December 31, 1985.Page: Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Next
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