General Dynamics Corporation and Subsidiaries - Page 32

                                       - 32 -                                         

          discretion in requiring petitioner to segregate, account for, and           
          report Contract 2034 in four annualized segments.  Petitioner               
          does not dispute that the standard is one of abuse of discretion.           
          On brief, however, respondent couches the issue as follows:                 
               [W]hether * * * petitioner's regular method of                         
               accounting is being improperly applied by petitioner to                
               treat Contract 2034 as a single agreement where the                    
               regulation expressly mandates the treatment of Contract                
               2034 as several agreements so as to prevent the                        
               unreasonable deferral of recognition of income.  * * *                 
               A method of accounting will only be deemed to result in                
               a clear reflection of income where it approximates the                 
               true economic impact of the taxpayer's transactions                    
               during the accounting period.  Ford Motor Co. v.                       
               Commissioner, 71 F.3d 209, 215-216 (6th Cir. 1995).                    
               [Emphasis added.]                                                      
               Respondent has, to some extent, mischaracterized the focus             
          of this case.  There is no issue concerning whether petitioner              
          improperly applied the completed contract method.8  In that same            
          vein, petitioner did not structure Contract 2034 to maximize any            
          deferral inherent in the completed contact method.  The question            
          here is not whether petitioner manipulated the completed contract           
          method or attempted to abuse the methodology by its particular              
          use.  Broadly, the question is whether petitioner has shown there           
          was an abuse of discretion by respondent, measured by the                   
          regulatory standards for severance.                                         




               8  This is not a question of whether four separate contracts           
          were improperly aggregated by petitioner.  In the context of this           
          case, we are considering a 4-year contract that respondent                  
          determined should be severed into four reportable parts.                    



Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011