- 43 - 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 experiencePage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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