Commissioner of Revenue v. New England Power Co.

The Commissioner of Revenue (commissioner) appeals from a decision of the Appellate Tax Board (board) granting an abatement of public utility franchise taxes assessed against the taxpayer, New England Power Company *419(NEP), for the years 1983 and 1984. The commissioner contends that the board erred in holding that the average costs of NEP’s construction work in progress (CWIP) should be considered in determining the property factor fraction used to apportion NEP’s taxable income for purposes of the Massachusetts public utility franchise tax. The commissioner argues that the CWIP property was…