FPL Group, Inc. - Page 26




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               Petitioner consistently applied the characterizations used             
          by Florida Power for regulatory purposes when reporting for tax             
          purposes.  Petitioner made no references in its tax returns that            
          would notify respondent that the amount of claimed repair                   
          expenses was a “reasonable approximation” and represented the               
          method of accounting that petitioner is claiming.  For the year             
          1992, petitioner filed two amended returns.  In its first amended           
          return, filed in September of 1993, petitioner claimed an                   
          adjustment for storm expenses and an additional repair expense              
          for cable injection costs.  In its second amended return, filed             
          in December of 1993, petitioner claimed additional repair                   
          expenses for the same type of expenditures as those currently in            
          issue and an adjustment for storm expenses.  After reviewing the            
          original and amended returns and meeting with petitioner,                   
          respondent allowed some of the claimed expenditures to be                   
          deducted as repair expenses and accepted the adjustment for storm           
          expenses.  Petitioner has not alleged, nor is there any                     
          indication, that respondent acquiesced in a method of accounting            
          which would allow petitioner to “approximate” the amount of                 
          repair expenses and then file amended returns when, and if, it              
          realized it might have deducted a larger amount.  The fact that             
          petitioner amended its 1992 tax return for additional expense               
          claims does not change the fact that, in preparing its original             
          tax return, petitioner consistently used the same                           






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