Rameau A. and Phyllis A. Johnson - Page 20

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            time of their actual receipt, that controlled when the reserves                           
            must be reported as income.  Id. at 464.  In reply to the                                 
            dealers' second argument, the Court observed that only one of two                         
            things could happen to the reserves:  Either they would be paid                           
            to the dealer or applied in satisfaction of the dealer's                                  
            obligations to the finance company.  As the dealer would thus                             
            effectively receive the entire amount of the reserves in all                              
            events, the right to receive the reserves was not conditional but                         
            absolute at the time they were withheld and credited to the                               
            dealer's account, and the dealer accordingly realized income at                           
            that time.  Id. at 465-466.                                                               
                  In General Gas Corp. v. Commissioner, 293 F.2d 35 (5th Cir.                         
            1961), affg. 33 T.C. 303 (1959), the taxpayer was a natural gas                           
            distributor that sold the installment paper generated by sales of                         
            tanks and appliances to its customers to a finance company for a                          
            price equal to its face amount, which included finance charges                            
            payable ratably over the full term of the installment contract.                           
            The finance company paid the taxpayer only 90 percent of the                              
            merchandise price, withholding the remaining 10 percent plus the                          
            amount of the finance charges in a dealer reserve account to                              
            secure the taxpayer’s guaranty of payment on the installment                              
            paper.  The taxpayer did not currently include the reserves in                            
            its income.  Affirming this Court, the Court of Appeals followed                          
            Hansen, reasoning that since the entire amount of the reserves                            





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