- 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
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