FPL Group, Inc. - Page 7




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               During the years in issue, Florida Power incurred                      
          substantial costs related to its electric plants.  The                      
          expenditures for these costs were recorded as either capital                
          expenditures or repair expenses for regulatory accounting and               
          financial reporting purposes.  In preparing its tax returns for             
          the years in issue, petitioner used the same characterization of            
          expenditures for tax reporting purposes that Florida Power did              
          for regulatory accounting and financial reporting purposes,                 
          except for specific Schedule M-1, Reconciliation of Income (Loss)           
          Per Books With Income Per Return, adjustments.4  For the years in           
          issue, petitioner characterized approximately $2.1 billion in               
          expenditures related to Florida Power’s electric plants as repair           
          expenses for tax purposes.                                                  
               During the years in issue, petitioner made Schedule M-1                
          adjustments on its original tax returns with respect to Florida             
          Power.  The Schedules M-1 adjustments for the years 1988 to 1991            


               3(...continued)                                                        
          might be increased.  However, if P did elect to increase the size           
          of the retirement units under the authority of the FPSC, P would            
          be in violation of the FERC rules prohibiting increases in the              
          size of retirement units.  Thus, the retirement units actually              
          used by Florida Power for regulatory accounting purposes                    
          conformed with FERC rules.                                                  
               4A Schedule M-1 is a schedule attached to a Form 1120, U.S.            
          Corporation Income Tax Return.  It identifies the different                 
          treatment of income and expense items for book and tax purposes.            
          See Southwestern Energy Co. v. Commissioner, 100 T.C. 500, 503              
          n.4 (1993); Orange & Rockland Utils. v. Commissioner, 86 T.C.               
          199, 205 (1986).                                                            





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