FPL Group, Inc. and Subsidiaries - Page 12

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          previously discussed, we do not think that the FERC/FPSC method             
          is contrary to the regulation.  Regardless of whether a taxpayer            
          used a proper or improper method of accounting, a taxpayer must             
          receive the Commissioner’s approval before changing a method of             
          accounting.  Sec. 446(e); sec. 1.446-1(e)(2)(I), Income Tax                 
          Regs.4  The Commissioner has wide discretion to decide whether to           
          consent to a taxpayer request to change a method of accounting.             
          Sunoco, Inc. & Subs. v. Commissioner, T.C. Memo. 2004-29.  Here,            
          petitioner sought a retroactive change to its method of                     
          accounting.  The Commissioner generally will not grant                      
          retroactive changes to a taxpayer’s method of accounting. See               
          sec. 1.446-1(e)(3)(I), Income Tax Regs.; Rev. Rul. 90-38, 1990-1            
          C.B. 57; Rev. Proc. 97-27, sec. 2.04, 1997-1 C.B. 680, 682.  As a           
          result, we do not think respondent abused his discretion by                 
          denying petitioner’s protective request for a change in method of           
          accounting.                                                                 
               Finally, petitioner alleges that respondent has allowed                
          unspecified competitors to claim additional repair expenses under           
          section 1.162-4, Income Tax Regs., even though they also followed           


               4 The reason for requiring the Commissioner’s consent was              
          stated in Lord v. United States, 296 F.2d 333, 335 (9th Cir.                
          1961), as follows:  “If * * * [taxpayers] were allowed to report            
          income in one manner and then freely change to some other manner,           
          the resulting confusion would be exactly that which was to be               
          alleviated by requiring permission to change accounting methods.”           
          See also FPL Group, Inc. & Subs. v. Commissioner, 115 T.C. at               
          573-575.                                                                    





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