- 21 - 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 aPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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