General Dynamics Corporation and Subsidiaries - Page 38

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               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).]                                                          



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