Anschutz Company and Subsidiaries - Page 9

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          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 of              






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