- 17 - Respondent maintains that sentence No. 4 allows the FSC and the related supplier to change their administrative pricing method, or the grouping of transactions to which the methods are applied, only if such redeterminations are made while the periods of limitations for making claims for refund under section 6511 are open for both the FSC and the related supplier (dual section 6511 requirement). Respondent further argues that the dual section 6511 requirement extends to any redeterminations made pursuant to sentence No. 5 as well. We agree with respondent. The Regulation is clear and unambiguous, and that is where our inquiry as to the meaning of the Regulation must end. See General Dynamics Corp. & Subs. v. Commissioner, supra at 122. In response to petitioner's principal argument, the antecedents of the pronoun "their" in sentence No. 4 are unequivocally the related supplier and the FSC. Thus, sentence No. 4 on its face mandates that the period of limitations under section 6511 be open for both the related supplier and the FSC in order for FSC commission expenses to be redetermined. Despite claiming to rely on the plain meaning of the Regulation, petitioner asks the Court to interpret sentence No. 4 essentially as follows: In addition, a redetermination may be made by the FSC and related supplier if either the related supplier's or the FSC's taxable year is still open under the statute of limitations for making claims for refund under section 6511 if they determine that a differentPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011