General Dynamics Corporation and Subsidiaries - Page 43

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          entitled to use CCM.  So, the question here concerns whether, in            
          using CCM, petitioner correctly reported its income and                     
          deductions from Contract 2034 after the completion and delivery             
          of the 480 contracted-for units or whether profit should be                 
          segregated and reported on four separate occasions after the                
          completion and delivery of 120 units.                                       
               No question of law is presented, and we focus on whether the           
          facts and circumstances presented in this case are sufficient to            
          carry petitioner’s burden of showing that respondent's exercise             
          of regulatory discretion was arbitrary or capricious (i.e.,                 
          without sound basis in law and/or fact).                                    
               2.  Can Petitioner’s Profit Be Reasonably Estimated for Each           
          Program Year?                                                               
               The regulations do not specifically require, as a condition            
          to severing a contract, that the taxpayer’s profit for the                  
          severed period be determinable with reasonable accuracy.  The               
          parties argue this point, however, as a threshold matter to the             
          question that must precede any consideration of severance.  It              
          should be noted, however, that the ability to reasonably compute            
          the amount of profit or loss attributable to each annualized 120-           
          aircraft allocation, does not mean that the profit or loss                  
          predicted for each severed year would ultimately result.  In that           
          regard, petitioner contends that its profits for a severed period           
          were not reasonably determinable; e.g., due to the interdependent           
          pricing under the multiyear contract, petitioner could experience           




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