- 12 - statutory merchandise return period in year 2. Distributor returns the covers from 100 copies within the merchandise return period. Publisher's cost is 25 cents per copy. In the absence of a section 458 election, publisher would compute its gross income for year 1 ($375) by taking the difference between sales revenues ($500) and cost of goods sold ($125). Pursuant to section 458, publisher is entitled to exclude $100 from gross income. Under these facts, no cost of goods sold adjustment is required because publisher does not hold the "returned" merchandise for resale. Accordingly, its gross income is $275 ($400 - $125). By contrast, if distributor returned unsold copies intact and publisher held them for resale to other customers, the Regulation would require publisher to compute its gross income ($300) as follows: gross receipts adjusted for the exclusion ($500 - $100) less cost of goods sold adjusted for the addition to closing inventory ($125 - $25). As Example 2 makes clear, if distributor resold the publications to retailer under a similar right-of-return arrangement, in no case would distributor be entitled to exclude the sales proceeds attributable to copies returned by retailer unless distributor reduced its cost of goods sold. This is because, unlike publisher in the first variant of Example 1, distributor's costs are fully reimbursed. The preamble to the final regulations acknowledged that during the period for public comment on the proposed regulationsPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011