FPL Group, Inc. and Subsidiaries - Page 2

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               RUWE, Judge:  This matter is before the Court on                       
          respondent’s motion for partial summary judgment filed pursuant             
          to Rule 121.1  The sole issue presented is whether petitioner is            
          barred by the so-called “one claim” rule of section 6427(i)(1)              
          from obtaining a credit under section 34 for amounts of Federal             
          excise taxes paid on fuels.                                                 
               FPL Group, Inc., is a corporation organized and existing               
          under the laws of the State of Florida with its principal office            
          located in Juno Beach, Florida.  FPL Group, Inc. and Subsidiaries           
          (petitioner) filed consolidated Federal income tax returns for              
          the years 1988 through 1992.  Petitioner attached to each return            
          a Form 4136, Computation of Credit for Federal Tax on Fuels.                
          Form 4136 is used to claim credit for Federal excise tax paid on            
          fuels sold or used during the period of the claim.  On its                  
          Federal income tax returns for those years, petitioner claimed              
          credits for Federal taxes on fuels as follows:                              
                         Year                 Credit                                  
                         1988                $279,732                                 
                         1989           233,053                                       
                         1990                275,303                                  
                         1991                391,516                                  
                         1992                332,568                                  

               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              

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