- 41 - without entering into the contract to construct the second submarine. In those circumstances, Example (2) contains the conclusion that it may be necessary for the Commissioner to aggregate the two agreements for purposes of applying the long-term contract method. Example (3) is a variation of Example (2), where 1 year after the original contracts are signed the customer issues a “change order” providing for a third submarine of the same class to be constructed. The portion of the total contract price attributable to the “change order” can reasonably be determined, and a reasonable business person would have entered into the agreements to construct the first two submarines for the price specified without regard to whether a third submarine was added. Under Example (3) the “change order” for the third submarine is to be treated as a separate contract for purposes of applying the shipbuilder's CCM. Example (3) also focuses on the independent pricing factor for its conclusion. Example (6) emphasizes the importance of independent pricing, as follows: T, a calendar year taxpayer engaged in the business of manufacturing aircraft and related equipment, enters into an agreement in 1982 with the B government to manufacture 10 military aircraft for delivery in 1984. It is anticipated at the time the agreement is entered into that B may enter into an agreement with T for the production and sale of as many as 300 of these aircraft over the next 20 years. In negotiating the price for the agreement, B and T take into account the expected total cost of manufacturing the 10 aircraft, the risks and the opportunities associated with the agreement andPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: May 25, 2011