Rameau A. and Phyllis A. Johnson - Page 22

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            though it is withheld in a reserve account to secure the                                  
            retailer's guaranty obligations and is subject to forfeiture to                           
            the extent that the interest otherwise payable to the finance                             
            company under the installment paper is either abated, as a result                         
            of the consumer's prepayment of the balance of his debt, or                               
            becomes uncollectible.  Resale Mobile Homes, Inc. v.                                      
            Commissioner, 965 F.2d 818 (10th Cir. 1992), affg. 91 T.C. 1085                           
            (1988); Shapiro v. Commissioner, 295 F.2d 306 (9th Cir. 1961),                            
            affg. T.C. Memo. 1959-151; Federated Dept. Stores, Inc. v.                                
            Commissioner, 51 T.C. 500 (1968), affd. on other issues 426 F.2d                          
            417 (6th Cir. 1970); Klimate Master, Inc. v. Commissioner, T.C.                           
            Memo. 1981-292.                                                                           
                  The principles enunciated in the dealer reserve cases have                          
            been affirmed in other multiparty transactions in which payments                          
            to the taxpayer are withheld or deposited in reserve as security                          
            for the taxpayer's executory obligations.  Thus, in Stendig v.                            
            United States, 843 F.2d 163 (4th Cir. 1988), an accrual basis                             
            taxpayer that constructed and operated a low-income apartment                             
            complex financed by the Virginia Housing Development Authority                            
            (VHDA) was required to secure both its loan from VHDA and its                             
            obligations to maintain and operate the complex by depositing a                           
            portion of the rents collected from tenants into reserve accounts                         
            under VHDA's control.  The Court of Appeals held that the rule of                         
            Hansen required the taxpayer to include the rent deposits in                              





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