Rameau A. and Phyllis A. Johnson - Page 28

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            each contract sold counts toward satisfaction of the minimum                              
            sales quota that must be achieved for the year in order to                                
            qualify for release of unconsumed reserves attributable to any                            
            contracts sold during the same year; it also contributes toward                           
            the minimum account balance required in order to receive                                  
            unconsumed reserves attributable to currently expiring contracts.                         
            In brief, the many distinctive benefits and risks of the VSC                              
            arrangement for the Dealership are attributable to the form of a                          
            present sale in which it is cast:  "It is the sale itself which                           
            makes a difference."  General Gas Corp. v. Commissioner, 293 F.2d                         
            at 41.  Therefore, it is entirely appropriate to treat the                                
            arrangement as a present sale for Federal income tax purposes,                            
            with consideration received up front in the form of cash and                              
            reserve credits.  Cf. id.; Klimate Master, Inc. v. Commissioner,                          
            T.C. Memo. 1981-292 (both discussing significance for tax                                 
            treatment of finance charges of distinction between holding                               
            installment paper and selling it).                                                        
                 Like the taxpayers in the Hansen line of cases, petitioners                          
            argue that the inability of the Dealership to predict at the time                         
            it sold a VSC how much of the reserve it would ultimately                                 
            recover, either through performance of repairs or upon expiration                         
            of the contract, precludes satisfaction of the necessary                                  
            conditions for accrual under the all events test.  They attempt                           
            to distinguish Hansen on the ground that in that case the funds                           





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