- 47 - make in 1984, after delivery of 120 aircraft, an accurate determination of the 1982 program year profit, inasmuch as there then remained to be delivered the vast majority of aircraft called for under Contract 2034. 3. Independent Pricing Factor In evaluating Contract 2034, respondent suggests that four relevant facts and circumstances, as set forth in section 1.451- 3(e)(1)(ii), Income Tax Regs., are to be considered. Those factors concern whether: (1) There was separate delivery and/or acceptance of aircraft; (2) the aircraft were independently priced; (3) there was a business purpose for several or a single contract; and (4) there were various other customary commercial practices involving the production of aircraft. Respondent, by grouping the factors together, attempts to place independent pricing on par with other factors.13 However, as decided in Sierracin Corp. v. Commissioner, 90 T.C. 341 (1988), the independent pricing aspect is particularly significant. 13 Respondent in an Action on Decision acquiescing in Sierracin Corp. v. Commissioner, 90 T.C. 341 (1988), made the following comment about our emphasis on independent pricing in that case: The court's undue emphasis on independent pricing restricts the application of the regulations in other cases and is not controlling. For example, in a situation in which there are significant time intervals between the delivery dates of items under a multi-unit contract, the Service is not precluded from asserting that the contract should be severed notwithstanding the absence of independent pricing. [Action on Decision 1990-016 (May 18, 1990), 1990-1 C.B. 1.]Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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