- 20 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011