- 10 - an instance where the Commissioner changed the taxpayer’s method of accounting. As we have held, respondent made no change to petitioner’s method. However, we note that the court in Mamula stated: Once a taxpayer makes an election of one of two or more alternative methods of reporting income, he should not be permitted to convert, of his own volition, when it later becomes evident that he has not chosen the most advantageous method. * * * [Id. at 1018.] Petitioner filed a protective request for a change of accounting method after our prior Opinion at FPL Group Inc. & Subs. v. Commissioner, 115 T.C. 554 (2000), in this case was filed. Petitioner claims that the requested “method of accounting” is required by section 1.162-4, Income Tax Regs. Petitioner argues that respondent’s refusal to approve the protective request was an abuse of discretion because respondent required petitioner to continue to use an improper method; i.e., the FERC/FPSC method. Respondent denies that he ever determined that petitioner’s use of the FERC/FPSC regulatory standards was improper and, as we have previously indicated, the actions during the examination do not establish that respondent made such a determination. Petitioner seems to argue that we found in our prior Opinion that petitioner’s use of the FERC/FPSC method of accounting was improper. We disagree. We described petitioner’s regulatory and financial accounting method as follows: The FERC and FPSC rules provided a regulatory accounting system which afforded petitioner aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011