Rameau A. and Phyllis A. Johnson - Page 24

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            payment was when (or if) it made repairs covered by the terms of                          
            the VSC.  If no such repairs were made, the money remained in                             
            escrow until the VSC expired, and even then would not be paid to                          
            the issuing Dealership unless all of the conditions for a release                         
            of unconsumed reserves were met.                                                          
                  There are a number of problems with petitioners’ argument.                          
            First, it confuses the right to receive with both earning through                         
            performance and the right to present payment.  Each of these                              
            rights is independently sufficient to require accrual under the                           
            all events test.  Schlude v. Commissioner, 372 U.S. 128 (1963);                           
            Automobile Club of New York, Inc. v. Commissioner, 32 T.C. at                             
            911-913.  That the Dealerships could not compel the Escrow                                
            Trustees to pay reserves from the escrow accounts does not                                
            control the determination of whether the Dealerships had a fixed                          
            right to receive them.  Commissioner v. Hansen, 360 U.S. at 464.                          
            Nor is it dispositive that the Dealerships had not performed any                          
            repair services under the VSC's at the time they collected the                            
            purchase price and deposited it in escrow.  Petitioners'                                  
            confusion on this point causes them to misread the relevant case                          
            authorities.  Thus, they argue that the fact that the cases at                            
            hand concern executory service contracts distinguishes them                               
            materially from the Hansen line of cases:                                                 
                  Hansen and Resale Mobile Homes both involve the sale of                             
                  retail installment contracts.  In the context of a sale                             
                  of property, these cases held that the taxpayers had to                             
                  currently recognize the agreed purchase price for the                               




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