- 6 - 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 repairPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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