FPL Group, Inc. - Page 16




                                       - 16 -                                         
          reporting purposes cannot be ignored.  See Commissioner v. Idaho            
          Power Co., supra at 14-15.  In that case, the Supreme Court                 
          stated:                                                                     
                    Some, although not controlling, weight must be                    
               given to the fact that the Federal Power Commission and                
               the Idaho Public Utilities Commission required the                     
               taxpayer to use accounting procedures that capitalized                 
               construction-related depreciation.  Although agency-                   
               imposed compulsory accounting practices do not                         
               necessarily dictate tax consequences, they are not                     
               irrelevant and may be accorded some significance. * * *                
               where a taxpayer’s generally accepted method of                        
               accounting is made compulsory by the regulatory agency                 
               and that method clearly reflects income, it is almost                  
               presumptively controlling of federal income tax                        
               consequences.  [Id. at 14-15; citations and fn. ref.                   
               omitted.]                                                              
               For regulatory accounting and financial reporting purposes,            
          Florida Power followed regulatory rules and guidelines to                   
          determine the characterization of expenditures related to its               
          electric plants.  The fact that the regulatory accounting                   
          requirements allowed Florida Power some flexibility in defining             
          retirement units does not change this.  The retirement units used           
          by Florida Power for FPSC purposes did not exceed the limits                
          prescribed by the FERC for the years in issue, and petitioner               
          acknowledges that its characterization of expenditures for FPSC             
          purposes “automatically conformed with FERC regulatory accounting           
          principles.”  The FERC prohibited public utilities from                     
          condensing the FERC list of retirement units or from adding any             
          retirement units that exceeded the size of the FERC retirement              
          units.  Once a retirement unit was established, the cost of                 





Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011