i came up with this very solution for installing remodel style fixtures in a condominium project believing that the box left behind from the previously mounted surface fixture is accessible upon pulling the remodel can from the ceiling. My inspectors immediate reply was disgust. He asked me if a service person were to visit the site in the future how would a service technician know there was a box with splices above? My reply was that if he were looking for trouble with a light he would remove the recessed luminary and the box would be visible above. I also argued that the box mounted to the side of the frame in version is equally concealed. His reply to all this was that the frame in version of the can was "listed for this purpose". I told him of this thread and that i hadn't seen anything in the thread that said it was not approved in the code. His final response was to say read article 314 especially -16,20 and 23. Upon reviewing this i found the only thing possibly related to my installation would be the question of weather or not the box is rigidly supported. or possibly the face of the box being in excess of 1/4" from the surface of the drywall. Oh and the final shot that killed me was when he said oh and i checked the c of o on the building and it is rated type 5 with one hour fire separation, thus making all the previous moot.