- 16 - consideration in structuring the financial terms of the project and in deciding to pursue the project. In 1982, the partnership requested an IRS ruling that the partnership’s DOE-guaranteed loan from FFB would not be considered “subsidized energy financing” under section 48(l)(11)(C). In a private letter ruling dated May 8, 1984, the IRS ruled that, because the partnership was required to obtain financing through FFB as a condition to obtaining a loan guarantee from the DOE, the funds that the partnership borrowed from FFB did not constitute subsidized energy financing under section 48(l)(11)(C).10 Financial Difficulties With the Project In the mid-1980s, as construction of the Great Plains project neared completion, energy prices declined unexpectedly and precipitously. As a result, projected initial short-term losses from the project spiked; there was no longer reasonable assurance that the project would generate sufficient cash for the partnership to repay its debt to FFB on time. Nevertheless, the 10 In response to a subsequent ruling request by the partnership, the IRS ruled in a private letter ruling dated July 25, 1984 (supplemented by letter rulings dated Feb. 12 and Mar. 11, 1985), that the partnership met the requirements for the credit for fuel production from nonconventional sources under sec. 29 (formerly sec. 44D). Because energy tax credits offset the sec. 29 credits in full, however, the partnership and its partners realized no tax benefit from the sec. 29 tax credits.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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