- 57 - 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 annualPage: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
Last modified: May 25, 2011