Hachette USA, Inc., As Successor to Hachette Publications, Inc. and Curtis Circulation Co., Subsidiary - Page 20

                                       - 20 -                                         
          sold should not be treated as a sale for purposes of the accrual            
          of income.  See H. Rept. 94-1354, supra at 3.  It does not                  
          follow, however, that Congress believed these shipments should be           
          deductible as promotional expenses.  Reading the many statements            
          characterizing the distribution of excess copies as a promotional           
          device in context, we think it likely that they were intended               
          only to provide a reason why treatment of the transaction as a              
          sale for tax purposes was inappropriate, and not a reason why the           
          costs should be deductible.  Were we to accept petitioners'                 
          interpretation arguendo, the very fact that such statements are             
          so numerous in the legislative history would make it all the more           
          puzzling that there is no explicit statement of petitioners'                
          conclusion that costs attributable to the excess copies should be           
          deducted in full in the year of shipment.                                   
               Petitioners' argument fails to explain why Congress did not            
          expressly provide for the deduction which, in their view,                   
          Congress intended.  We gather from petitioners' brief that they             
          believe Congress felt it unnecessary to act to secure the cost of           
          goods sold deduction for excess copies because this deduction               
          would be available under the general principles of inventory                
          accounting set forth in section 1.471-1, Income Tax Regs.  We               
          think it unlikely that Congress would have understood section               
          1.471-1, Income Tax Regs., and the other applicable provisions of           
          the Code and regulations to apply in this way.                              






Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: May 25, 2011