- 23 - 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 thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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