- 22 - 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 inPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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