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I am putting together a flying hive tyrant and happen to like the way it looks standing as opposed to on the tail as most flyrants are. Would modeling a winged tyrant on the walking tyrant legs be considered modeling to advantage?

Considering that that's how everyone who wanted one before the new model came out had converted one, I can't see an issue.

If you're really really worried about it - you could just put him standing on a rock or something to make him the same height...is the flying one that much higher?

In game though I wouldn't try hiding him in in cover and claiming you can't see him if he's like an inch below the sight line - THEN it would be modelling to advantage.

Done two of mine like that, no one has an issue with them.

Can't imagine anyone having an issue. Just grabbed a FW 3rd Edition Flyrant and that's on the ground. Official model used to be groundbound. And some of the best conversions have feet on the deck still. There's a 2nd Edition conversion I have my eye on...

The model comes with legs that are planted on the ground; why wouldn't you be able to use them?