- 9 - property and the long-term contracts to only the taxpayer- produced property. At the same time, section 1.451-3(d)(6)(ii), Income Tax Regs., would require that the taxpayer allocate 100 percent of those same common indirect costs to only the long-term contracts. The requirement of one section could not be reconciled with the requirement of the other without some mechanism to allocate the common indirect costs between the taxpayer-produced property and the long-term contracts. Respondent’s “directly benefits” test would leave the taxpayer without such a mechanism. The proper rule for first-level allocations of common indirect costs between taxpayer-produced property and long-term contracts is arrived at by looking at sections 1.263A-1(e)(3)(i) and 1.451-3(d)(6)(ii), Income Tax Regs., in their entirety. The sections are similar in structure and, as found in Anschutz I, provide an identical rule for first-level allocations. Section 1.263A-1(e)(3)(i), Income Tax Regs., provides that “Indirect costs are properly allocable to property produced or property acquired for resale when the costs directly benefit or are incurred by reason of the performance of production or resale activities.” Similarly, section 1.451-3(d)(6)(ii), Income Tax Regs., provides that “In determining what indirect costs are properly allocable to * * * [a] long-term contract, all such costs that directly benefit * * * or are incurred by reason ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011