FPL Group, Inc. & Subsidiaries - Page 202

                                                - 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

Last modified: May 25, 2011