- 33 - Petitioner bears the burden of proof in this case. Rule 142(a). The regulations in question, sec. 1.451-3(e), Income Tax Regs., provide the Commissioner with the ability to treat one agreement as several contracts for the purpose of clearly reflecting income. Respondent's authority in the context of these regulations is to be judged on an abuse of discretion standard. Sierracin Corp. v. Commissioner, 90 T.C. 341, 368 (1988). That standard was described in Sierracin as follows: Section 446(b) and sections 1.451-3(e), 1.446- 1(a)(2), and 1.446-1(b)(1), Income Tax Regs., vest respondent with broad discretion in determining whether a taxpayer’s contracts should be severed so as to clearly reflect income. “Since the Commissioner has ‘[m]uch latitude for discretion,’ his interpretation of the statute's clear reflection standard ‘should not be interfered with unless clearly unlawful.’” Thor Power Tool Co. v. Commissioner, 439 U.S. 522, 532 (1979), quoting Lucas v. American Code Co., 280 U.S. 445, 449 (1930). To overcome respondent's determination, petitioner must establish that respondent was plainly arbitrary in severing petitioner's contracts * * *. See Reco Industries, Inc. v. Commissioner, 83 T.C. at 920; Peninsula Steel Products & Equip. Co. v. Commissioner, 78 T.C. at 1046. * * * [Id.; fn. ref. omitted.] To prevail here, petitioner must show that there was no adequate basis in law and/or fact for respondent's determination, i.e., that respondent's exercise of the regulatory discretion was arbitrary or capricious. Ford Motor Co. v. Commissioner, 102 T.C. 87, 91-92 (1994), affd. 71 F.3d 209 (6th Cir. 1995). A. Background--Completed Contract Method The completed contract method of accounting for long-term contracts first appeared in regulations issued under the RevenuePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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