- 66 - reported for 1987. Finally, Contract 2034 was fully funded before the first severed annualized reporting period matured for tax reporting purposes. Accordingly, under the regulation by which the question of severance and/or aggregation of long-term contracts is to be judged, we find that respondent's determination that Contract 2034 must be severed was without sound basis in law and/or fact and, thus, was arbitrary or capricious. II. Should Contract 2038 Be Treated as a Long-term Contract and Reported Under the Completed Contract Method? Respondent determined that Contract 2038 is not a long-term contract within the meaning of section 1.451-3(a), Income Tax Regs. Petitioner does not contend that Contract 2038 qualified on its own as a long-term contract. Nor does petitioner contend that the services performed under Contract 2038 (the MSIP contract) were of benefit solely to Contract 2034. Instead, petitioner argues that the services performed under the MSIP contract were incidental to and necessary for performance of Contract 2034 and should be accounted for as part of Contract 2034 under petitioner’s completed contract method of accounting. Even though Contract 2038 is substantial and completely separate from Contract 2034, petitioner seeks to treat Contract 2038 as though it consisted of incidental indirect costs attributable to a long-term contract as described in various regulations cited below.Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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