FPL Group, Inc. and Subsidiaries - Page 3

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               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 repair                 






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