Anschutz Company and Subsidiaries - Page 53

                                       - 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