FPL Group, Inc. and Subsidiaries - Page 4

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          judgment as a matter of law.  See Bond v. Commissioner, 100 T.C.            
          32, 36 (1993); Naftel v. Commissioner, 85 T.C. 527, 529 (1985).             
          In deciding whether to grant summary judgment, the factual                  
          materials and the inferences drawn from them must be considered             
          in the light most favorable to the nonmoving party.  See Bond v.            
          Commissioner, supra at 36; Naftel v. Commissioner, supra at 529.            
          In the instant case, there is no genuine issue as to any of the             
          material facts that we have set forth in the background section             
          of this opinion.                                                            
          II. Sections 6427 and 34                                                    
               Respondent argues that petitioner is making a second claim             
          under section 6427 and that the so-called “one claim” rule                  
          contained in section 6427(i)(1) acts as a bar to petitioner’s               
          claim for credit.  Petitioner argues that its claim for credit is           
          being made under section 34 and that the “one claim” rule in                
          section 6427(i)(1) has no application.                                      
               A.   Section 6427                                                      
               Section 6427 provides a mechanism whereby a purchaser of               
          fuel can obtain payment from the Secretary of taxes previously              
          imposed on fuel which was not used for taxable purposes by the              

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