FPL Group, Inc. and Subsidiaries - Page 10

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          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 a                          





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