- 92 - 311 U.S. 46, 49 (1940). This rule of interpretation applies equally to transitional rules. United States v. Commonwealth Energy Sys., 235 F.3d 11, 16 (1st Cir. 2000); see Apache Bend Apartments, Ltd. v. United States, 987 F.2d 1174, 1175 (5th Cir. 1993); United States v. Kjellstrom, 916 F. Supp. 902, 905 (W.D. Wis. 1996), affd. 100 F.3d 482 (7th Cir. 1996). As the Court of Appeals for the First Circuit explained: The transition rules were enacted to provide relief “to a very, very few specified favored taxpayers,” * * * and although we must extend them to all qualifying taxpayers, * * * we need not broaden our interpretation so that entities that did not detrimentally rely on the old rule benefit from the transition exemption * * * [Citations omitted.] United States v. Commonwealth Energy Sys., supra at 16. The taxpayer bears the burden of proving that it qualifies for the transitional rules. Rule 142(a); Payless Cashways, Inc. v. Commissioner, 114 T.C. 72, 80 (2000). B. TRA Section 204(a)(3)--Supply or Service Contracts Petitioner argues that it is entitled to ITCs for property FPL placed in service during the years at issue because FPL purchased and/or installed the property pursuant to binding, written supply contracts within the meaning of TRA section 204(a)(3). According to petitioner, the following contracts constitute binding, written supply contracts: (1) The tariff; (2) the Southern company contracts; and (3) the documents exchanged with respect to the DRIs. Respondent argues thatPage: Previous 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Next
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