Rameau A. and Phyllis A. Johnson - Page 29

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            in the dealer reserve account would in all events either be paid                          
            to the taxpayer or be applied in satisfaction of his obligations,                         
            whereas in the cases at hand the reserves might have been                                 
            disposed of in a manner that did not constitute "receipt" by the                          
            Dealership.  Specifically, there were two additional possible                             
            scenarios:  The reserves might be:  (1) Paid to another repair                            
            facility, or (2) refunded to the purchaser upon cancellation of                           
            the contract.                                                                             
                  The VSC imposes an obligation upon the issuing Dealership                           
            either to perform covered repairs itself or to pay for covered                            
            repairs by another authorized facility.  The use of the reserves                          
            to pay another authorized repair facility would discharge the                             
            Dealership's obligation and thereby constitute "receipt" within                           
            the meaning of Hansen.  Commissioner v. Hansen, 360 U.S. at 465-                          
            466; cf. Old Colony Trust Co. v. Commissioner, 279 U.S. 716, 729-                         
            730 (1929).  The Dealership would also "receive" the reserves in                          
            the second scenario posited by petitioners.  Under the VSC, like                          
            a standard contract of insurance which it closely resembles, upon                         
            notification of the purchaser's election to cancel the contract,                          
            the Dealership immediately becomes personally indebted to the                             
            purchaser for the amount of the unearned portion of the contract                          
            price.  See 7 Williston on Contracts, sec. 920, at 618-619, 634                           
            (3d ed. 1963).  When the Dealership secures release of reserves                           







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