Computervision International Corp. - Page 57

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               Having decided that the second warrant constituted a trade             
          discount, we next consider how the discount is to be taken into             
          account in computing petitioners’ taxable income.  As a general             
          matter for tax purposes, where a trade discount is obtained with            
          respect to goods the cost of which has been included in a                   
          taxpayer’s cost of goods sold, the discount is treated as an item           
          of gross income.  If, however, the discount relates to goods the            
          cost of which is still in a taxpayer’s inventory, the cost of the           
          goods is reduced by the amount of the discount.  See Turtle Wax,            
          Inc. v. Commissioner, 43 T.C. 460, 466 (1965).  The parties have            
          not addressed whether, in the event we decide that the second               
          warrant constitutes a trade discount, the discount should be                
          treated as a reduction in the cost of goods in CV’s inventory or            
          as an item of gross income.  In their return for 1987,                      
          petitioners treated a portion of the net proceeds of the sale of            
          the second warrant as a reduction of CV’s cost of goods sold,               

          21(...continued)                                                            
          return, the treatment of the net sale proceeds in petitioners’              
          return was correct.  Petitioners, on brief, contend that the full           
          amount of the net proceeds of the sale of the second warrant is             
          long-term capital gain and that the appropriate time for                    
          recognition is the time at which the second warrant was sold.               
          Petitioners do not attempt to sustain their return position in              
          that regard, and we treat petitioners as not disputing                      
          respondent’s determination of the appropriate time for                      
          recognition of the discount attributable to the second warrant.             
          We note that we have recently ruled that the amount of a seller’s           
          deduction for a trade discount attributable to the grant of a               
          stock warrant is to be determined as of the time the warrant is             
          exercised.  Convergent Technologies, Inc. v. Commissioner, T.C.             
          Memo. 1995-320.                                                             





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