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January 31, 2013
18:04 EDTEXCExelon expects to record a 1Q13 non cash charge to earnings of $270M
Exelon announed in a regulatory filing that as previously dislosed in 1999, Commonwealth Edison Company deferred $1.2B of gain on the sale of its fossil generating facilities by acquiring like-kind property via a purchase leaseback transaction. The IRS has asserted that the Exelon Corporation purchase leaseback transaction is substantially similar to a leasing transaction known as a sale-in, lease-out transaction SILO. A SILO is a “listed transaction” that the IRS has identified as a potentially abusive tax shelter under guidance issued in 2005. Exelon continues to believe that its like-kind exchange transaction is not the same as or substantially similar to a SILO. Exelon expects to initiate litigation in 2013 to contest the IRS’s disallowance of the like-kind exchange position. As of March 31, 2013, in the event of a fully successful IRS challenge to Exelon’s like-kind exchange position, the potential tax and after-tax interest, exclusive of penalties, that could become currently payable may be as much as $860 million, of which approximately $260 million would be attributable to ComEd and the remainder to Exelon
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