Hachette USA, Inc., As Successor to Hachette Publications, Inc. and Curtis Circulation Co., Subsidiary - Page 15

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          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.  But           




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