- 51 - 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 assetsPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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