- 5 - the contract price that they remitted to third parties as prepayments of service fees for administration of the VSC program and an insurance premium for indemnification of their losses under the program. If respondent prevails on these issues, we must further decide whether the income of one of the dealerships is subject to an additional adjustment pursuant to section 481. We hold that the dealerships' method of accounting for VSC's was not a proper application of the accrual method, and, except in regard to the treatment of the dealerships’ administrative fee expenses, we sustain respondent's revised adjustments in full. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulations of fact and attached exhibits are incorporated by this reference. At the times they filed their petitions, the Johnsons, the Herrings, and the Mungenasts were residents of, and DFM Investment Co. maintained its principal place of business in, the State of Missouri. The relationships between petitioners and the dealerships whose method of accounting for VSC's is the subject of controversy in these cases (collectively, the Dealerships) are set forth below: Corporate Doing Tax Status During Petitioners Name Business As Taxable Yr.(s) At Issue Owning Shares DFM Investment Co. St. Louis Honda Subchapter C corp. David Mungenast (at least 82%) DRK Investment Co. St. Louis Acura Subchapter S corp. David Mungenast (100%) Capco Sales, Inc. St. Louis Lexus Subchapter S corp. David Mungenast (100%)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011