- 18 - billing dispute; and that petitioner may change the cardholder agreement at any time. However, the cardholder has no assurance that those services will continue; petitioner can cancel the card at any time without refunding the annual membership fee. Similarly, petitioner argues that it should be allowed to defer reporting the fees at issue here because they are called “annual membership fees”. We disagree because the name of the fee does not override (nor does petitioner contend that it overrides) the provisions of the agreement that establish the rights and obligations of the parties. Petitioner argues that respondent’s reliance on the cardholder agreement improperly places form over substance. Under petitioner’s argument, the “substance” of the transaction is that petitioner provides many services for cardholders throughout the year, and the “form” of the transaction is found in the cardholder agreement. We disagree. The cardholder agreement establishes the rights of cardholders and the card issuer. It provides that the payment is in consideration of the issuance of the card and establishment of a credit limit. An accrual method taxpayer recognizes income when all of the events have occurred which fix the right to receive the income. Secs. 1.446-1(c)(1)(ii), 1.451-1(a), Income Tax Regs. Contrary to petitioner’s contention, the rights and obligations of the parties are the substance of the matter. Even though petitioner urged cardholders to read and retain a copy of the agreementPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011