- 28 - 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 fundsPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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