FPL Group, Inc. and Subsidiaries - Page 5

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          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 of            








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