Hachette USA, Inc., As Successor to Hachette Publications, Inc. and Curtis Circulation Co., Subsidiary - Page 18

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          proceeds represented the amount of the seller's gross income                
          attributable to the sales.  We must presume that they were well             
          aware that gross income from sales of inventory equals sales                
          proceeds minus cost of goods sold.  That they were referring only           
          to the tax treatment of receipts is also inferable from their               
          formulation of the relevant all events test; it would not make              
          sense to apply this test to accrual of costs.  Similarly, when              
          the committees stated that the return of excess copies is                   
          accounted for by a "reduction of gross sales" or "exclu[sion]               
          from income", they could not have meant that gross income was               
          reduced by this amount, since the seller's cost of goods sold               
          must be reduced as well.  Sec. 1.471-1, Income Tax Regs.  If                
          Congress was not referring to amounts of gross income when it               
          discussed the accrual of income under current law, it is only               
          reasonable to infer that Congress was also not referring to                 
          amounts of gross income when it defined the scope of the election           
          not to accrue.                                                              
               For whatever reason, Congress did not choose to formulate              
          the problem of merchandise returns in terms of gross income.  We            
          can only conclude that Congress simply was not concerned with the           
          inventory and cost accounting issues that the returned                      
          merchandise problem involved, and consequently could not have               
          possessed a specific intent to prescribe, or preclude, rules to             
          handle these issues.                                                        






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