Rameau A. and Phyllis A. Johnson - Page 23

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            income when collected.  Although the amount of the reserves that                          
            the taxpayer would ultimately recover was not ascertainable at                            
            the time of deposit, in all cases disposition of the reserves                             
            would inure to the taxpayer's benefit, and therefore the right to                         
            receive was fixed.  See also Bolling v. Commissioner, 357 F.2d 3                          
            (8th Cir. 1966), affg. in relevant part and revg. and remanding                           
            on other issues T.C. Memo. 1964-143.                                                      
                  Respondent's position is that the cases at hand are                                 
            controlled by the Hansen line of cases.  Respondent argues that                           
            the Dealerships acquired a fixed right to receive the full                                
            purchase price of the VSC at the time of the sale, even though                            
            they were required by contract immediately to deposit a portion                           
            in an escrow account.  We agree.                                                          
                  Petitioners take the position that amounts deposited by a                           
            Dealership in the PLRF were not includable in its gross income                            
            unless or until actually released to the Dealership as payment                            
            for covered repairs or, upon expiration of the VSC, as unconsumed                         
            reserves.  Petitioners reason as follows:  the VSC's are                                  
            executory contracts.  The issuing Dealership earned the amounts                           
            required to be paid under their terms through performance.  At                            
            the time the VSC's were entered into, the issuing Dealership had                          
            not earned and was not entitled to be paid any portion of the                             
            funds required to be held in escrow.  The first time the issuing                          
            Dealership had any right to this portion of the contract holder's                         





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