FPL Group, Inc. - Page 28




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          United States, 151 F.3d 876, 883 (8th Cir. 1998); sec. 1.446-               
          1(e)(2)(ii)(b), Income Tax Regs.                                            
               Petitioner does not contend that it made errors in                     
          mathematical computations or in the computation of its tax                  
          liability.  Petitioner has failed to make specific allegations              
          establishing there was a change in underlying facts.                        
               Under section 1.446-1(e)(2)(ii)(b), Income Tax Regs., a                
          change from capitalizing and depreciating the costs of a class of           
          depreciable assets to expensing them involves a question of                 
          proper timing.  Petitioner’s attempt to recharacterize                      
          expenditures at Florida Power’s electric plants, which were                 
          consistently capitalized on its tax returns, fits within the                
          principles of this regulatory provision.  Although the instant              
          case is the reverse of the situation set forth in the regulatory            
          provision, we regard both situations as examples of changes                 
          involving the timing of a deduction.  See Southern Pac. Transp.             
          Co. v. Commissioner, 75 T.C. at 683 n.211.  Additionally, this              
          Court has found that the characterization of expenditures as                
          capital or expense involves the proper time for taking a                    
          deduction.  See Pelaez & Sons, Inc. v. Commissioner, 114 T.C. at            
          489; Southern Pac. Transp. Co. v. Commissioner, supra at 683;               
          Hooker Indus., Inc. v. Commissioner, T.C. Memo. 1982-357.                   
               A posting error occurs when there is an error in “the act of           
          transferring an original entry to a ledger.”  Wayne Bolt & Nut              






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