FPL Group, Inc. - Page 9




                                        - 9 -                                         
          expenditures.  The storm expenses were accepted by respondent and           
          a portion of the claimed repair expense deduction was allowed by            
          respondent.  In its second amended return, filed in December of             
          1993, petitioner claimed an additional repair expense deduction             
          of approximately $21 million related to the same type of                    
          expenditures currently in issue.  Respondent allowed an                     
          additional repair expense deduction for these expenditures in the           
          amount of approximately $11 million.  During the audit of the               
          years 1988 to 1992, respondent proposed to capitalize certain               
          expenditures related to Florida Power that petitioner had                   
          reported as deductible repair expenses on its original tax                  
          returns.                                                                    
                                     Discussion                                       
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  See Northern Ind. Pub.             
          Serv. Co. v. Commissioner, 101 T.C. 294, 295 (1993); Shiosaki v.            
          Commissioner, 61 T.C. 861, 862 (1974).  Rule 121(a) provides that           
          either party may move for a summary judgment upon all or any part           
          of the legal issues in controversy.  Full or partial summary                
          judgment is appropriate where there is no genuine issue as to any           
          material fact and a decision may be rendered as a matter of law.            
          See Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518,             
          520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  Respondent, as              
          the moving party, bears the burden of proving that no genuine               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011