FPL Group, Inc. - Page 23




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          currently deducted.  See Armco, Inc. v. Commissioner, 88 T.C.               
          946, 949 (1987); sec. 1.167(a)-11(a)(1), Income Tax Regs.  By               
          electing the PRA, the taxpayer may automatically deduct up to a             
          set percentage of all expenditures for repair, maintenance,                 
          rehabilitation, or improvement of “repair allowance property” for           
          the taxable year, as long as such expenditures are not considered           
          “excluded additions”.  Sec. 1.167(a)-11(d)(2), Income Tax Regs.             
          Expenditures in excess of the set percentage must be capitalized.           
          See id.  “Under * * * [the PRA] system, certain expenditures                
          which typically would be capitalized can be treated as repair               
          allowances and, thus, deducted as expenses.”  United States v.              
          Wisconsin Power & Light Co., 38 F.3d 329, 331 (7th Cir. 1994).              
               For the years 1988 to 1991, respondent claims that                     
          petitioner’s repair deductions for tax purposes consisted of the            
          amounts deducted for book purposes, plus Schedules M-1                      
          adjustments for the PRA as follows:                                         
          Year           Book Account        M-1 Adjustment      Tax Return           
          1988           $372,757,769        $28,501,471    $401,259,240              
          1989           385,472,395         29,315,281     414,839,472               
          1990           408,077,080         28,635,238     436,688,025               
          1991           405,017,292         25,806,865     430,814,717               
          Petitioner does not dispute respondent’s figures, or allege that            
          there were Schedules M-1 adjustments for any other items for 1988           
          to 1991.                                                                    
               The PRA is a specific tax only provision.  Florida Power did           
          not have the option of using the PRA to determine the                       






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