Anschutz Company and Subsidiaries - Page 51

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               C.   Taxpayer Parity                                                   
               Respondent argues that Qwest’s incremental cost allocation             
          method is unreasonable because it violates the principles of                
          taxpayer parity as required by the Supreme Court in Idaho Power             
          Co. v. Commissioner, 418 U.S. 1 (1974).  Respondent states:                 
               Because Qwest is simultaneously constructing identical                 
               assets for itself and for customers, Qwest’s                           
               incremental method must also satisfy the * * * taxpayer                
               parity standards set forth in Idaho Power.  By failing                 
               to do so, Qwest’s incremental method results in an                     
               unfair competitive advantage for Qwest compared to its                 
               competitors, a result contrary to the guidance of Idaho                
               Power.                                                                 
          Respondent misinterprets Idaho Power Co., and thus the argument             
          is unpersuasive.                                                            
               In Idaho Power Co. v. Commissioner, supra, the taxpayer                
          capitalized depreciable operating and maintenance costs of                  
          transportation equipment used in constructing its capital                   
          facilities on its books, but for Federal income tax purposes, it            
          claimed the depreciation as current expense deductions under                
          section 167(a).  Id. at 5-6.  The Commissioner disallowed the               
          construction-related depreciation deduction, determining that               
          depreciation was in that context a nondeductible capital                    
          expenditure to which section 263(a)(1) applied.  Id. at 6.  The             
          Supreme Court upheld the Commissioner’s determination, and                  
          emphasized the importance of matching income with expenses by               
          capitalizing costs incurred in the construction of capital assets           







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