General Dynamics Corporation and Subsidiaries - Page 57

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          the first 120 aircraft at the price implicit in Contract 2034               
          without a binding agreement to build the remaining 360.                     
               The record here supports petitioner’s reasoning on this                
          point.  Petitioner made several proposals for price, depending on           
          whether there would be multiyear or annual contracts.  In                   
          addition, the Air Force and petitioner stood to enjoy meaningful            
          cost savings under a multiyear contract as opposed to four annual           
          contracts.                                                                  
               The parties next debate the significance of Example (6), of            
          section 1.451-3(e)(2), Income Tax Regs., which presents an                  
          aggregation situation.  Respondent argues that the price terms              
          within Contract 2034 are almost on all fours with the facts set             
          forth in Example (6).  Petitioner counters that the most                    
          significant factor in Example (6) precluding aggregation of the             
          two aircraft contracts is that                                              
               In negotiating the price for the agreement, B and T                    
               take into account the expected total cost of                           
               manufacturing the 10 aircraft, the risks and the                       
               opportunities associated with the agreement, and all                   
               other factors that the parties consider relevant, in                   
               such a manner that T would have entered into the                       
               agreement with the terms agreed upon whether or not T                  
               would actually enter into one or more additional                       
               production agreements.  * * *  [Sec. 1.451-3(e)(2),                    
               Example (6), Income Tax Regs.; emphasis added.]                        
          We agree with petitioner’s analysis that neither the taxpayer in            
          the example nor petitioner would have accepted the price terms              
          agreed to in the multiyear contract as the basis for an annual              






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