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ARTICLE · 04 JUNE 2020

Tangible Basis Of Property: Who Decides?

The American Recovery and Reinvestment Act of 2009 (ARRA) Section 1603 provided a cash grant (Grant) for "specified energy property" (as defined in ARRA Section 1603(d)).

United StatesTax

Highlights

  • In California Ridge Wind Energy LLC, et al. v. United States, the U.S. Court of Appeals for the Federal Circuit addressed whether the amount of the developer's fee claimed by the appellees should be included in the tangible basis of the property.
  • The Federal Circuit Court upheld the U.S. Court of Federal Claims' decision for the government and appellees will have to repay the government based on its counter-claim that appellees had overinflated their tangible basis.
  • Although Section 1603 of the American Recovery and Reinvestment Act of 2009 (ARRA) program has ended, the Federal Claims Court will be determining the issue of basis in these cases. These ARRA Section 1603 cases will impact how taxpayers report tangible basis, tax credits and earnings for years to come.

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