- 23 - 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'sPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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