General Dynamics Corporation and Subsidiaries - Page 31

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          and treated as four separate 1-year contracts.  Contract 2034 is            
          a 4-program-year agreement between GENDYN (petitioner) and the              
          Air Force to produce 480 aircraft.  The first year was 1982, and            
          aircraft were produced continuously through 1987, when petitioner           
          delivered the 480th aircraft.6  Petitioner, under CCM, reported             
          the income, expenses, and profit attributable to all 480 aircraft           
          for the 1987 tax year.  Respondent, by determining that the                 
          contract should be severed into four annually reportable parts of           
          120 aircraft, caused certain amounts of profit, allocated by                
          respondent, to be moved from 1987 (the year reported) to 1985 and           
          1986, the tax years before the Court.7                                      
               Respondent agrees that petitioner is entitled to use CCM for           
          Contract 2034.  Respondent also agrees that Contract 2034 is a              
          long-term contract for purposes of applying CCM.  Respondent                
          determined that 2034 should be treated as four separate long-term           
          contracts for purposes of applying CCM.  In this regard,                    
          respondent points out that the central focus of our inquiry                 
          should be whether there has been an abuse of respondent's                   


               6  Each program-year's aircraft were being delivered about             
          2-1/2 years after the contract inception; i.e., 1982 program-year           
          aircraft were delivered about 10 per month during 1984, etc.                
               7  Respondent's determination, in addition to accelerating             
          the time when petitioner's profits would be reported, also                  
          results in a larger tax liability due to a differential in the              
          maximum corporate tax rate between the reporting year (1987) and            
          the 1985 and 1986 tax years in which some of the profit would be            
          reportable due to any severance.  The maximum rate was 34 percent           
          for 1987 and 46 percent for the 1985 and 1986 tax years.                    



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