- 53 - route. Under its method, Qwest’s tax basis per conduit mile in each of its three conduits is $6,967 (including capitalized interest). MCI, on the other hand, paid Qwest approximately $32 million for its one conduit that covered 761 miles * * *. So MCI’s tax basis per mile in the identical asset is $41,694. This is six times Qwest’s basis for the identical asset. * * * * * * * This huge disparity in tax basis of identical assets between Qwest’s assets and those of its customers results in Qwest having an enormous competitive advantage in the industry. With this situation, Qwest is in a position to either price its services lower than its competitors, to the competitors’ detriment, or to reap a much higher percentage profit than its competitors for providing identical services. * * * such a situation violates the basic principle of taxpayer parity as espoused by the Supreme Court in Idaho Power and is a powerful indication of the unreasonableness of Qwest’s incremental method * * * . Idaho Power Co. v. Commissioner, supra, does not stand for the proposition that taxpayers’ bases in identical property should be the same, nor does it stand for the elimination of the competitive advantage a taxpayer may have by constructing its own capital assets. The principle of taxpayer parity found in Idaho Power Co. v. Commissioner, supra, is not the same as competitive equality. Qwest’s competitive advantage did not arise from the use of its incremental cost allocation method, but was a function of its business model and of the resources it had available. We find that Qwest’s incremental cost allocation method does not violate the principle of taxpayer parity.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
Last modified: May 25, 2011