- 11 - will properly preclude entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted.” Anderson v. Liberty Lobby, Inc., supra at 248. Respondent argues that petitioner’s attempt to recharacterize as repair expenses, expenditures which it had characterized as capital expenditures, is prohibited under section 446(e) as an impermissible change in accounting method because petitioner did not obtain respondent’s consent to recharacterize the expenditures. Respondent claims that, for regulatory, financial, and tax accounting purposes, petitioner consistently followed the regulatory accounting rules and guidelines to determine which expenditures to capitalize and which expenditures to expense at Florida Power’s electric plants. Respondent contends that this consistent treatment constitutes petitioner’s method of accounting with respect to the expenditures in issue. Petitioner argues that its method of accounting was to deduct expenditures to the extent allowed under section 1.162-4, Income Tax Regs.,7 and that the regulatory accounting 7Sec. 1.162-4, Income Tax Regs., provides: Sec. 1.162-4. Repairs.--The cost of incidental repairs which neither materially add to the value of the property nor appreciably prolong its life, but keep it in an ordinarily efficient operating condition, may be deducted as an expense, provided the cost of acquisition or production or the gain or loss basis of (continued...)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