General Dynamics Corporation and Subsidiaries - Page 66

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          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.                                                                      




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