Legal Opinion

Illinois Power Co. v. Commissioner

United States Tax Court

Decided November 29, 1984No. Docket No. 14701-79PublishedCited by 11 opinions

The construction of the Baldwin Power Station, a multiunit electric generating station commenced in March of 1967. The construction of unit 3 began in 1971 and it was placed in commercial service on June 20, 1975. Sargent & Lundy, an engineering partnership, designed and provided construction management for the project, and Baldwin Associates, a joint venture of construction companies, performed the actual physical construction of unit 3. Petitioner Illinois Power provided…

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The construction of the Baldwin Power Station, a multiunit electric generating station commenced in March of 1967. The construction of unit 3 began in 1971 and it was placed in commercial service on June 20, 1975. Sargent & Lundy, an engineering partnership, designed and provided construction management for the project, and Baldwin Associates, a joint venture of construction companies, performed the actual physical construction of unit 3. Petitioner Illinois Power provided general criteria for unit 3 to its agent, Sargent & Lundy, purchased all major components, approved specifications,…

1Opinion of the Court

Wilbur, Judge:

Respondent determined the following deficiencies in petitioner’s Federal income tax:

TYE Dec. 31— Amount

1975 . $7,090,791.12

1976 . 644,094.74

After concessions, two issues remain for our consideration:(1) Whether unit 3 of petitioner’s Baldwin Power Station was constructed by the petitioner or acquired by the petitioner for purposes of computing the investment tax credit; and(2) Whether amounts designated as "Rider R Income” collected from certain gas utility customers constitute taxable income in the . year of receipt.

Some of the facts have been stipulated and are found…

2Cases cited28 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
  3. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  4. James v. United StatesSupreme Court of the United States · 1961
  5. South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982

23 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Illinois Power Company v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1986
  2. Continental Illinois Corp. v. CommissionerUnited States Tax Court · 1989
  3. Indianapolis Power & Light Co. v. CommissionerUnited States Tax Court · 1987
  4. Iowa Southern Utilities Co. v. United StatesUnited States Court of Claims · 1987
  5. Carlstedt Associates, Inc. v. CommissionerUnited States Tax Court · 1989

6 more not listed; retrieve them via the Exa API.

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