Hachette USA, Inc., As Successor to Hachette Publications, Inc. and Curtis Circulation Co., Subsidiary - Page 23

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          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 respondent           




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