Hachette USA, Inc., As Successor to Hachette Publications, Inc. and Curtis Circulation Co., Subsidiary - Page 12

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          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 regulations            




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