FPL Group, Inc. - Page 34




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                    Moreover, the plaintiff in this case desires to                   
               make precisely the kind of change that could undermine                 
               the purposes of the prior consent rule.  The plaintiff                 
               seeks to apply a unilateral change retroactively to                    
               cover many past tax years.  If taxpayers were permitted                
               to select the accounting method which best reflects                    
               their income over the past four years, only those                      
               taxpayers gaining a financial advantage from switching                 
               methods would seek refunds.  Thus, uniformity in                       
               accounting would become a function of financial                        
               advantage and the administrative difficulties of                       
               detecting unwarranted unilateral changes would be                      
               multiplied.  Moreover, the potential impact on the fisc                
               would be likely to vary unpredictably from year to                     
               year.  In sum, the purposes and policies underlying the                
               consent requirement are still served when a taxpayer                   
               presumes to change unilaterally from an incorrect to a                 
               correct procedure.                                                     
               Acceptance of petitioner’s position would grant petitioner             
          the license to change freely from one characterization to another           
          when hindsight shows that it is financially advantageous.                   
          Petitioner waited until 1996 to attempt to recharacterize as                
          repair expenses, expenditures that it had characterized for tax             
          purposes as capital expenditures for the years 1988 to 1992.  It            
          would place an enormous burden upon respondent to detect and                
          review the ramifications of such a change.  For example,                    
          petitioner’s attempt to recharacterize more than $200 million of            
          expenditures incurred from 1988 to 1992 as deductible repair                
          expenses would require adjustments to petitioner’s capital asset            
          accounts for those years and subsequent years.  Adjustments to              
          depreciation deductions taken in the years in issue and                     
          subsequent years would be necessary.  The administrative burden             





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