- 23 - exception to section 471, they would have done so expressly. They did not. In short, petitioners have offered no plausible explanation, and we can find none ourselves, that would account for the fact that the language of section 458 does not reflect the purposes that they ascribe to Congress. Moreover, even if we assumed that Congress did intend costs incurred through overstocking to be deductible, we would not be persuaded that the Regulation is inconsistent with that intent. The Regulation allows a taxpayer to forgo correlative cost adjustments with respect to excess copies to the extent that the taxpayer actually bears the costs. Petitioners would have us believe that Congress intended the same promotional costs to be deducted twice: once by the publisher who actually bore them and once by the distributor like Curtis who is fully reimbursed. This treatment obviously has the potential to become an abusive tax shelter: one can imagine a lengthening of the distribution chain through the interposition between publisher and retail merchant of additional, unnecessary wholesalers that enjoy the benefit of a deduction without committing any resources or bearing risk. In the absence of any direct evidence, we refuse to believe that Congress would have been so indiscriminate and foolhardy in the bestowal of tax benefits. Finally, we find some evidence in the legislative history that contradicts the view that Congress intended asymmetrical treatment of revenues and costs. Most importantly, as respondentPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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