Tutor-Saliba Corporation, A California Corporation - Page 20




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          contracts without retaining the all events test or explicitly               
          stating that the all events test is not to be utilized.                     
               Petitioner also contends that the section 460(b)(1)(B)                 
          parenthetical language “with respect to any amount properly taken           
          into account after completion of the contract, when such amount             
          is properly taken into account” indicates an intent to include              
          the all events test as part of the percentage of completion                 
          method.  While this language does contemplate the resolution of             
          some items after the year the contract is completed, there is no            
          indication that Congress intended this language to incorporate              
          the all events test in the percentage of completion method of               
          section 460.  The phrase “amount properly taken into account                
          after completion of the contract” could include amounts properly            
          taken into account for reasons unrelated to the all events test.            
          For example, it is possible for a long-term contract to be                  
          complete for tax purposes even though the taxpayer reasonably               
          expects to incur additional unforeseeable costs in a post-                  
          completion tax year.  It is also possible that contingent items,            
          such as disputed claims, cannot be reasonably estimated before              
          the completion of the contract, in which case revenue from those            
          disputed claims would not be taken into account until after the             
          completion of the contract.  Moreover, the parenthetical language           
          indicates an intent to use the all events test for purposes of              
          adjusting the “actual” contract price.  Cf. sec. 460(b)(2); sec.            






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Last modified: May 25, 2011