General Dynamics Corporation and Subsidiaries - Page 33

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               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 Revenue            



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