- 20 - after payment of the fee. On the contrary, the required act--the issuance of a card--probably always or almost always occurred before payment of the annual membership fee. An example may help to illustrate this point. Assume petitioner issues a new card on March 1 and bills for the annual membership fee on October 1. In that situation, issuance of the card precedes payment of the annual membership fee. Thus, when the fee is paid, petitioner has already performed one of the acts required by the cardholder agreement, lending no support to reporting the income after the petitioner receives the fee. The same point would apply if the card were issued for more than 1 year, as was petitioner’s general practice for MasterCards. Now assume petitioner does not issue a card to a new customer until after the customer pays the annual membership fee. In that case, assuming that issuance of a card is a service under Rev. Proc. 71-21, supra, petitioner might not be required to report the fee income until it issues the card because it is an act required by the cardholder agreement. This latter example has no bearing on this case, however, because petitioner did not show (or try to show) that it delayed initial issuance of a credit card until after it received annual membership fees from any customers. Petitioner argues that, under section 3.06(b) of Rev. Proc. 71-21, supra, it may treat the annual membership fee as earned ratably over the membership year because it was “not unreasonablePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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