- 44 - a per-aircraft profit as of 1984 for the 120 aircraft from the 1982 program year completed in 1984, but after delivery of the 480th aircraft, petitioner could ultimately experience a per- aircraft loss for all aircraft, including the batch completed in 1984. The parties disagree about whether a reasonably accurate annual determination of petitioner’s Contract 2034 profit or loss could be accomplished. Respondent contends that petitioner was able to determine each program year's income and expenses with reasonable certainty. Respondent argues that petitioner was able to do this for financial accounting purposes and to satisfy the Government's reporting requirements and that the Government made payments to petitioner without hold-backs or reservations to secure future performance. Petitioner contends that respondent's premise is factually incorrect, and even if its profits could be determined by program year with reasonable certainty, that factor would not bar its use of CCM and/or serve as a reason necessitating severance of Contract 2034. We agree with petitioner that the ability to calculate profit for a period with reasonable certainty does not per se mandate that the period be severed.11 On the other hand, 11 If, for example, petitioner is able to calculate the profit or income attributable to each aircraft, would it then be appropriate to sever Contract 2034 into 480 reportable units? Obviously, that is only a threshold factor and not determinative of whether severance should be applied.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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