General Dynamics Corporation and Subsidiaries - Page 44

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          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.                                     



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