FPL Group, Inc. & Subsidiaries - Page 203

                                                - 88 -                                                  
            contained transitional rules that excepted “transition property”                            
            from the repeal of the ITC.97  Sec. 49(b).  Section 49(e) defined                           
            “transition property” as:                                                                   
                        SEC. 49(e). Transition Property.--For purposes of                               
                  this section--                                                                        
                              (1) Transition property.--The term                                        
                        “transition property” means any property placed in                              
                        service after December 31, 1985, and to which the                               
                        amendments made by section 201[98] of the Tax                                   
                        Reform Act of 1986 do not apply, except that in                                 
                        making such determination--                                                     
                                    (A) section 203(a)(1)(A) of such Act                                
                              shall be applied by substituting “1985” for                               
                              “1986”,                                                                   
                                    (B) sections 203(b)(1) and 204(a)(3) of                             
                              such Act shall be applied by substituting                                 
                              “December 31, 1985” for “March 1, 1986”,                                  
                                    (C) in the case of transition property                              
                              with a class life of less than 7 years--                                  


                  97 The transitional rules were intended to provide relief to                          
            taxpayers who may have committed to post-1985 investments in                                
            qualifying property in reliance on the availability of the                                  
            credit.  See Newhouse Broad. Corp. v. Commissioner, T.C. Memo.                              
            2000-270.  The House Ways and Means Committee made the following                            
            observation with respect to the repeal of the ITC:                                          
                        The committee is aware that commitments have                                    
                  already been made on the basis of present law capital                                 
                  cost recovery rules.  The committee bill provides for                                 
                  equitable transition rules in such cases, which are                                   
                  estimated to cover more than 50 percent of the new                                    
                  personal property to be placed in service in the first                                
                  year the bill is effective.                                                           
            H. Conf. Rept. 99-426, at 146 (1985), 1986-3 C.B. (Vol. 2) 1,                               
            146.                                                                                        
                  98 TRA sec. 201, 100 Stat. 2121, amended sec. 168, which                              
            relates to the accelerated cost recovery system.                                            




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