FPL Group, Inc. and Subsidiaries - Page 6

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          accounting.  Alternatively, petitioner alleges that respondent              
          abused his discretion in denying petitioner’s protective request            
          to change to that method of accounting.                                     
               We do not think that respondent’s inquiry during the                   
          examination into whether petitioner may have misclassified some             
          expenditures as either capital or repair expenses constituted a             
          change of petitioner’s method of accounting by respondent.                  
          Indeed, the relatively minor changes that the parties agreed to             
          as a result of this examination lead to the conclusion that                 
          petitioner’s method of following the FERC/FPSC regulatory                   
          accounting for determining repair expenses for tax purposes                 
          produced results that were in reasonable conformity with the                
          legal standards set forth in section 1.162-4, Income Tax Regs.              
          On its returns for the years in issue, petitioner characterized             
          approximately $2.1 billion in expenditures related to Florida               
          Power’s electric plants as repair expenses for tax purposes.  FPL           
          Group, Inc. & Subs. v. Commissioner, supra at 558.  Respondent’s            
          examination for the years in issue resulted in capitalizing                 
          approximately $1.2 million that had been previously deducted as             
          repair expenses.  Respondent’s proposed adjustment, which                   
          petitioner agreed to, represents a change of approximately .0571            
          percent of the total repair expenses petitioner claimed on its              
          returns using the FERC/FPSC method of accounting.  Likewise,                
          respondent’s allowance of an additional $10.9 million of repair             






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Last modified: May 25, 2011