Tutor-Saliba Corporation, A California Corporation - Page 15




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          event, there is nothing in the regulation that contradicts the              
          plain language of the statute.                                              
               As stated above, even if a regulation does not clearly                 
          contradict the language of the statute it purports to interpret,            
          the regulation may still be invalid if it is fundamentally at               
          odds with or inconsistent with the statute’s origin and purpose.            
          See United States v. Vogel Fertilizer Co., supra at 26; CWT                 
          Farms, Inc. v. Commissioner, supra at 1062.  Because the use of             
          the word “estimated”, alone, does not reveal the congressional              
          intent, we must determine whether the regulation harmonizes with            
          and implements the congressional mandate in some reasonable                 
          manner.                                                                     
               There is no doubt about Congress’ concern that the completed           
          contract method of accounting for long-term contracts permitted             
          an unwarranted deferral of the income from those contracts.  See            
          S. Rept. 99-313 (1986), 1986-3 C.B. (Vol. 3) 140; Staff of the              
          Joint Comm. on Taxation, General Explanation of the Tax Reform              
          Act of 1986, at 527 (J. Comm. Print 1987).  Congress sought to              
          limit the tax deferral obtainable through use of the completed              
          contract method by requiring taxpayers to report income from                
          long-term contracts on a percentage of completion method.  It was           
          recognized that use of the percentage of completion method could            
          produce harsh results for taxpayers where an overall loss was               
          experienced or where actual profits were significantly less than            






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