- 5 - purposes and that were used in preparing its tax returns were just the starting point for determining the amounts of deductible repair expenses for tax purposes. Petitioner further claimed that respondent’s agents were aware that this was petitioner’s method of accounting. We disagreed, stating: Petitioner has not alleged, nor is there any indication, that respondent acquiesced in a method of accounting which would allow petitioner to “approximate” the amount of repair expenses and then file amended returns when, and if, it realized it might have deducted a larger amount. The fact that petitioner amended its 1992 tax return for additional expense claims does not change the fact that, in preparing its original tax return, petitioner consistently used the same characterizations that Florida Power used for regulatory and financial reporting purposes. Accordingly, we hold that the audit adjustments by respondent do not establish the method of accounting that petitioner is claiming. [FPL Group, Inc. & Subs. v. Commissioner, supra at 570.] After FPL Group, Inc. & Subs. petitioner sent a letter to respondent making a “protective request” for a change of method of accounting for the 1988-96 taxable years. In a letter dated December 17, 2001, respondent denied this “protective request”. In petitioner’s present motion for partial summary judgment, petitioner asserts that respondent changed its method of accounting to the “method required by Section 1.162-4 of the Regulations” during respondent’s examination for the years in issue. Respondent denies that he changed petitioner’s method ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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