FPL Group, Inc. - Page 30




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          that it was using an “approximation” method and expected to make            
          later corrections.  Petitioner’s own statements establish that it           
          did not “mistakenly” capitalize the expenditures in issue based             
          on a lack of knowledge of an error.  Accordingly, we hold that              
          petitioner’s attempted recharacterization of the expenditures in            
          issue was not a posting error.  Cf. Wayne Bolt & Nut Co. v.                 
          Commissioner, supra at 512.                                                 
          III. Consent                                                                
               Petitioner implies that respondent waived the right to                 
          contest petitioner’s recharacterization of capital expenditures             
          as repair expenses.9  Petitioner points to the fact that                    
          respondent allowed petitioner to reclassify approximately $11               
          million in capitalized expenditures related to Florida Power as             
          repair expenses for the 1992 taxable year.  Prior to this motion,           
          respondent did not raise the change in accounting method                    
          argument.                                                                   
               Consent to change a method of accounting is required,                  
          regardless of whether the “method is proper or is permitted under           
          the Internal Revenue Code or the regulations thereunder.”  Sec.             
          1.446-1(e)(2)(i), Income Tax Regs.  In Southern Pac. Transp. Co.            
          v. Commissioner, 75 T.C. at 682, we stated:                                 

               9Petitioner claims that it “is not trying to work an                   
          ‘estoppel’”, but rather that it is simply trying to show that               
          respondent never treated the similarities between regulatory,               
          financial, and tax classifications of capital expenditures and              
          repair expenses as a method of accounting.                                  





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