- 24 - 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 thePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011