FPL Group, Inc. and Subsidiaries - Page 7

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          expenses that petitioner claimed during the examination was                 
          approximately .519 percent of the total repair expenses that                
          petitioner reported on its returns for the years in issue.2                 
               We do not accept petitioner’s argument that the adjustments            
          that respondent made or allowed during the examination were                 
          tantamount to changing petitioner’s method of accounting.  The              
          fact that an examination concludes with the adjustment of some              
          items does not in itself constitute a change in the method of               
          accounting.  Indeed, when an examination results in relatively              
          minor adjustments and the Commissioner does not explicitly reject           
          the taxpayer’s method, there would appear to be an acceptance of            
          the taxpayer’s method.  As we stated in our prior Opinion, “the             
          audit adjustments by respondent, do not change the fact that                
          petitioner is retroactively attempting to recharacterize                    
          expenditures that it regularly and consistently capitalized for             


               2 In our prior Opinion, we stated:                                     
                    In the instant case, respondent allowed petitioner                
               certain additional repair expense deductions related to                
               Florida Power.  Respondent did not question                            
               petitioner’s method of accounting or assert that any                   
               impermissible change was being made.  Rather,                          
               respondent simply reviewed petitioner’s claim and                      
               allowed an additional deduction based on the                           
               circumstances.  Petitioner has not alleged any action                  
               on respondent’s part which could be construed as                       
               approving the method of accounting petitioner is                       
               currently claiming for the expenditures in issue.                      
               * * *  [FPL Group, Inc. & Subs. v. Commissioner, 115                   
               T.C. 554, 573 (2000).]                                                 






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