- 31 - 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.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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