General Dynamics Corporation and Subsidiaries - Page 41

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          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 and                



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