- 48 - 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 ofPage: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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