- 35 - as they became nonrefundable. Under the VSC, the portion of the contract price to be refunded to the purchaser on cancellation declines in proportion to the greater of time elapsed or mileage driven. Yet the Dealerships did not so report the reserves on their returns and petitioners do not argue that it would have been appropriate for them to do so.6 The method of accounting for the reserves that the Dealerships did use is inconsistent with the characterization of these amounts as deposits. And it is this method, not the treatment of the reserves as deposits, that respondent determined did not clearly reflect income. Thus, when carried to its logical implications, the deposit theory is not germane to any matter in controversy. It is worth noting, moreover, that the portion of the VSC purchase price that the Dealerships reported as their profit on a sale was also subject to refund on cancellation in accordance with the same declining balance formula applicable to the reserves. Yet petitioners do not suggest that the Dealerships would have been entitled to exclude their profit from gross income on the ground that it too was merely a customer deposit. 6 Since mileage driven would not have been ascertainable by the Dealerships, the most likely method of reporting income consistent with the deposit theory would have been simply to prorate the amount of the deposit over the maximum period of coverage provided under the contract in accordance with the refund schedule. Cf. Highland Farms, Inc. v. Commissioner, 106 T.C. 237 (1996).Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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