FPL Group, Inc. & Subsidiaries - Page 207

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            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 that                                 






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