- 30 - 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.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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