FPL Group, Inc. - Page 17




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          adding or replacing the retirement unit had to be capitalized.              
          Thus, while Florida Power’s limited flexibility in defining                 
          retirement units could in some cases affect the amounts of                  
          capital expenditures or repair expenses, once the retirement unit           
          was identified the regulatory characterization rules requiring              
          capitalization were not flexible.  The regulatory rules                     
          ultimately determined which expenditures were capitalized and               
          which expenditures were expensed for regulatory accounting and              
          financial reporting purposes.                                               
               In Southern Pac. Transp. Co. v. Commissioner, supra, the               
          taxpayer was subject to Interstate Commerce Commission (ICC)                
          accounting rules which required the capitalization of certain               
          expenditures.  See id. at 676.  For the taxable years at issue,             
          the taxpayer followed the ICC accounting rules and capitalized              
          the expenditures in issue for regulatory and tax purposes.  See             
          id.  The Commissioner issued a notice of deficiency regarding               
          other issues, and the taxpayer filed a petition with this Court             
          for a redetermination of the deficiency.  See id. at 505.  In an            
          amended petition, the taxpayer raised, for the first time, the              
          argument that the Commissioner erred in failing to allow the                
          capitalized expenditures as currently deductible expenses.  See             
          id. at 677.  The Commissioner argued that the taxpayer’s attempt            
          to recharacterize the expenditures was an impermissible change in           
          the taxpayer’s method of accounting under section 446(e) because            






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