- 3 - We previously granted respondent’s motion for partial summary judgment, holding that petitioner’s method of accounting for tax purposes during the years in issue was the same method that it used for FERC/FPSC regulatory and financial accounting purposes. Petitioner had taken the position that it had always been on “the method required by Section 1.162-4 of the Regulations” for tax purposes. See FPL Group, Inc. & Subs. v. Commissioner, 115 T.C. 554 (2000). We incorporate FPL Group, Inc. & Subs. in this opinion. Petitioner’s present motion for partial summary judgment is a sequel to our prior ruling. Having lost its argument that it was always on the “method of accounting” required by section 1.162-4, Income Tax Regs., rather than the method of accounting prescribed by the FERC/FPSC, petitioner now argues that, if its method of accounting for distinguishing between capital and repair expenses was the FERC/FPSC accounting method, then respondent changed petitioner’s method to the “method of accounting” required by section 1.162-4, Income Tax Regs. Petitioner bases this argument on the fact that, during the examination for the years in issue, respondent examined items that petitioner had expensed as repairs to determine whether these items met the requirements of section 1.162-4, Income Tax Regs. This examination resulted in an agreed adjustment wherein approximately $1.2 million that had been deducted as repairPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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