FPL Group, Inc. - Page 21




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               The FERC and FPSC rules provided a regulatory accounting               
          system which afforded petitioner with a characterization method             
          based on basic accounting principles that generally require the             
          capitalization of expenditures for larger items of property                 
          having long-term lives and the expensing of relatively smaller              
          expenditures for minor items needed for repairs.  We note “that             
          the ‘decisive distinctions’ between current expenses and capital            
          expenditures ‘are those of degree and not of kind,’ and * * *               
          each case ‘turns on its special facts’”.  INDOPCO, Inc. v.                  
          Commissioner, 503 U.S. at 86 (citation omitted).  Petitioner’s              
          attempt to change retroactively from a consistent and logical               
          method of capitalizing the expenditures in issue to expensing               
          them involves the question of proper timing and thus is a                   
          material item.  See Southern Pac. Transp. Co. v. Commissioner, 75           
          T.C. at 683; sec. 1.446-1(e)(2)(ii)(a) and (b), Income Tax Regs.            
          This attempt to recharacterize the expenditures in issue is to be           
          treated as a change in method of accounting.  See Southern Pac.             
          Transp. Co. v. Commissioner, supra; sec. 1.446-1(e)(2)(ii)(a) and           
          (b), Income Tax Regs.                                                       
               Petitioner argues that it made certain adjustments related             
          to Florida Power on its Schedules M-1 for the years in issue and            
          that such adjustments establish that petitioner’s method of                 
          accounting was not simply to follow regulatory and financial                
          accounting for tax reporting purposes.  A Schedule M-1 is a                 






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