- 37 - Commissioner, T.C. Memo. 1983-713 (refundable purchase price of multiyear television service policy contract); J.J. Little & Ives Co. v. Commissioner, T.C. Memo. 1966-68 (receipts from magazine sales under contracts entitling purchaser to return for credit refund); Smith v. Commissioner, T.C. Memo. 1962-128, affd. 324 F.2d 725 (9th Cir. 1963) (gain from sale of restaurants where buyer entitled to return assets under certain circumstances). On the other hand, there are numerous precedents upholding the taxpayer's characterization of a refundable payment as a deposit in the absence of a binding agreement to apply the sum to the purchase of specific goods and services. Consolidated-Hammer Dry Plate & Film Co. v. Commissioner, 317 F.2d 829 (7th Cir. 1963), affg. in part and revg. in part T.C. Memo. 1962-97 (progress payments made under construction contract prior to final determination of work specifications and amount due for work); Clinton Hotel Realty Corp. v. Commissioner, 128 F.2d 968, 969, 970 (5th Cir. 1942), revg. 44 B.T.A. 1215 (1941) (lease security deposits, where "If the only agreement was that it should apply to the last year's rent, it would of course be rent paid in advance", but "there were many things to which it might become applicable besides the * * * [last year's] rent."); Veenstra & DeHaan Coal Co. v. Commissioner, 11 T.C. 964 (1948) (customer advances used to buy inventory prior to formation of definite sale contract).Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011