- 7 - 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).]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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