General Dynamics Corporation and Subsidiaries - Page 36

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               If respondent's severance determination were sustained,                
          petitioner would not be required to report the income for the               
          1982, 1983, 1984, and 1985 contract years until the year the last           
          aircraft for the program was delivered in the 1984, 1985, 1986,             
          and 1987 tax years, respectively.  Petitioner reported Contract             
          2034 as a single agreement for 480 aircraft.  Reported in that              
          manner, the unsevered 1982 profit would be reported after 5                 
          rather than 2 years, and the unsevered 1983 profit would be                 
          reported after 4 rather than 2 years and so on until the 1985               
          year for which the profit would be reported after 2 years (1987),           
          irrespective of whether Contract 2034 had been severed.  Although           
          CCM permits reporting of income and expenses beyond the usual               
          annual accounting period, it is respondent's contention that the            
          period of delay here is inherently too long to clearly reflect              
          income.  There is no legal basis or factual predicate for such a            
          per se or ipso facto result.9                                               
               B. The Statute and Regulations Defining and Governing the              
          Use of CCM                                                                  


               9  As previously noted, in limiting the use of CCM, Congress           
          recognized that the use of that method permitted an extended                
          period of deferral by long-term contractors.  For larger long-              
          term contractors like petitioner, Congress did not attempt to               
          place a limit on the number of accounting periods that could be             
          deferred.  Instead, Congress generally prohibited the use of CCM.           
          For long-term contracts entered into after Feb. 28, 1986, smaller           
          contractors (those with average annual gross receipts of less               
          that $10 million) may use CCM for contracts expected to be                  
          completed within 2 years.  See sec. 460(e)(1).  These                       
          limitations, however, have no direct bearing on our evaluation of           
          whether petitioner’s approach was correct and/or whether                    
          respondent has been arbitrary or capricious.                                



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