Rameau A. and Phyllis A. Johnson - Page 35

                                               - 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

Last modified: May 25, 2011