- 15 - merchandise (what the regulations call "gross income exclusion" or "excludable gross income"), which amount is less than the full sales price adjustment (the statutory "amount excluded"). But this proposition was not in dispute. Respondent concedes it, and it is openly acknowledged in paragraphs (c) and (g) of the regulations themselves. On the other hand, petitioners' conclusion that the Regulation is inconsistent with the statute does not necessarily follow. There is no inconsistency unless the statute precludes any further adjustment in the computation of gross income. It is the express premise of the Regulation that the statute has no such effect, because it purports to deal only with the method of accounting for gross receipts. The argument outlined above does not even challenge this premise, let alone persuade us that it is wrong. The approach of the Regulation proceeds from the fundamental principle that the determination of gross income by a taxpayer who uses inventory comprises two separate calculations: inclusion of gross receipts and subtraction of cost of goods sold. Sec. 1.61-3(a), Income Tax Regs. Within this analytical framework it makes no sense to say that rules prescribing the treatment of costs "change" the determination of includable receipts. There is no question that the cost of goods sold adjustment provided for by the Regulation operates to offset, in whole or in part, the exclusion provided for by the statute. ButPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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