FPL Group, Inc. - Page 3




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          petitioner.  Petitioner filed consolidated returns with Florida             
          Power during the years in issue.                                            
               On December 28, 1995, respondent issued a notice of                    
          deficiency for the taxable years 1988 through 1992.  In its First           
          Amended Petition, filed May 13, 1996, petitioner argued for the             
          first time that respondent erred in failing to allow a deduction            
          for certain repair expenses related to Florida Power when                   
          determining the deficiency amounts in the notice of deficiency.             
          Petitioner claimed that it had improperly characterized the                 
          following expenditures related to Florida Power as capital                  
          expenditures and that it should have deducted them as repair                
          expenses:                                                                   
                         Year                     Amount                              
                         1988                     $35,324,412                         
                         1989                     52,115,791                          
                         1990                     54,746,820                          
                         1991                     56,823,897                          
                         1992                     11,914,614                          
                         Total               210,925,534                              
          Petitioner did not file a Form 3115, Application for Change in              
          Accounting Method, with respondent to request a change in                   
          accounting method for the expenditures at issue.  Respondent did            
          not raise the change in accounting method issue prior to the                
          filing of his motion for partial summary judgment.                          
               Florida Power owns and operates fossil and nuclear electric            
          generating plants in Florida and also owns interests in coal-               
          fired electric generating plants in Georgia and Florida, which              






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