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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 different
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