General Dynamics Corporation and Subsidiaries - Page 48

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               The parties approach the independent pricing factor from               
          differing perspectives.  Respondent emphasizes that Contract 2034           
          is funded on an annual basis and is more like an annual option              
          contract.  Respondent also points out that the number of aircraft           
          under Contract 2034 was, at some point, increased beyond the                
          original 480.  Respondent contends that these attributes make               
          Contract 2034 more like the option-type agreement referenced in             
          section 1.451-3(e)(1)(viii), Income Tax Regs., which, in relevant           
          part, provides:                                                             
               If the number of items to be supplied is increased (as                 
               by the exercise of an option or the issuance of a                      
               “change order”), the supplying of such additional items                
               generally results in the agreement being changed into                  
               several agreements. See � 1.451-3(e)(1)(i).                            
          The cross-reference indicates that subdivision (viii) is to be              
          interpreted consistent with the facts and circumstances test of             
          section 1.451-3(e)(1)(ii), Income Tax Regs.                                 
               Petitioner contends that Contract 2034 was a fixed-price               
          incentive contract with a single pricing formula for the 480                
          aircraft in question.  Petitioner points out that the final price           
          could not have been determined until after the 480th aircraft was           
          delivered.  Petitioner faced significant and continuing risks               
          during the performance of Contract 2034 that could have increased           
          its costs and affected the projected profit of already delivered            
          aircraft.  As the delivery of the last or 480th aircraft                    
          approached, however, the potential risk and the likelihood of               
          such an occurrence were reduced.  As production and delivery of             



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