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Case Deals With The Public Utility Company Big Bear Power

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Synopsis:

This case deals with the public utility company Big Bear Power. Big Bear has decided to lease a combustion turbine from Goliath Co. for a 10-year non-cancelable term. The right to use the turbine begins on January 1st, 2011. Big Bear has presented several different provisions for the lease agreement. It is necessary to determine whether costs and potential costs associated with the provision should be included in “minimum lease payments” as they are defined under ASC 840, Leases. The total amount of minimum lease payments are used as a determinant as to whether the lease should be considered a capital lease. There are several factors to consider in addition to the agreed upon payments when calculating the amount of the …show more content…

Therefore, the $1 million to be paid to Goliath for legal fees is considered an executory cost because it is a “maintenance” fee that needs to be incurred at the inception of the lease.

The $500,000 payment to Stipe, Berry, Mills, and Buck LLP (Big Bear’s external legal counsel) for negotiating the lease agreement should be included as a minimum lease payment if Stipe, Berry, Mills, and Buck LLP is a special-purpose entity. According to FASB:

840-10-25-6(e): Fees that are paid by the lessee to the owners of the special-purpose entity for structuring the lease transaction. Such fees shall be included as part of minimum lease payments (but shall not be included in the fair value of the leased property) for purposes of applying the 90 percent test in paragraph 840-10-25-1(d).
If we assume that Stipe, Berry, Mills, and Buck LLP is a “special-purpose entity”, which we will for this circumstance, then the $500,000 paid to them must be a part of the minimum lease payments. Otherwise, the entire amount of expenditures related to legal fees will not be included in the minimum lease payments.
Provision Two

The stated default provisions in the lease require Big Bear to purchase the combustion turbine from Goliath if a “change a control” event occurs at a price equal to the remaining

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