FPL Group, Inc. - Page 11




                                       - 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