- 38 - For the purpose of clearly reflecting income (e.g. to prevent the unreasonable deferral of recognition of income or the premature recognition of loss), it may be necessary in some instances for the Commissioner either to treat one agreement as several contracts or to treat several agreements as one contract. [Sec. 1.451- 3(e)(1)(i)(A), Income Tax Regs.] The regulation continues by providing criteria for severance or aggregation of contracts, as follows: Whether an agreement should be so severed or several agreements so aggregated will depend on all the facts and circumstances. Such facts and circumstances may include whether there is separate delivery or separate acceptance of units representing a portion of the subject matter of the contract, whether such units are independently priced, whether there is no business purpose for one agreement rather than several agreements or several agreements rather than one 10(...continued) more than one contract, and (B) two or more agreements will be treated as one contract, and (3) properly allocate all costs which directly benefit, or are incurred by reason of, the extended period long-term contract activities of the taxpayer. [96 Stat. 493.] The TEFRA legislative history contains the following comment: Congress believed that the prior rules relating to the completed contract method of accounting needed to be changed because the income of some taxpayers using that method of accounting was not being clearly reflected. * * * completion of contracts had been deferred for tax purposes by treating certain agreements as a single contract for several units rather than several contracts for single units, even though each unit was delivered or accepted separately and had been separately and independently priced. Congress believed, therefore, that Treasury should amend its regulations to prevent this inappropriate deferral of income. [Staff of Joint Comm. on Taxation, General Explanation of the Revenue Provisions of the Tax Equity and Fiscal Responsibility Act of 1982 at 150 (J. Comm. Print 1982).]Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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