Rameau A. and Phyllis A. Johnson - Page 40

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            mileage, not parts and labor.  In short, the contract price is                            
            consideration for the present sale of a warranty, not a deposit                           
            to be held pending future agreements to provide repairs.                                  
                  There is a straightforward explanation for the refundability                        
            of the contract holder's payment that does not require us to                              
            obliterate the well-settled distinction between deposits and                              
            sales income and to extend the holding of Indianapolis Power &                            
            Light beyond all recognition:  the price of the VSC is subject to                         
            pro rata refund upon cancellation because it is similar to a                              
            premium paid under a standard insurance policy.  Since the VSC                            
            serves the function of insuring the vehicle purchaser against                             
            loss, it is not surprising that it is sold on terms similar to                            
            other types of insurance.7                                                                
                  c.  Petitioners' Trust Fund Theory                                                  
                  According to the second theory advanced by petitioners, a                           
            Dealership did not realize income from the sale of a VSC to the                           


                  7 This Court has previously noted the similarity between an                         
            extended service contract for consumer durables and a contract of                         
            insurance.  See Standard Television Tube Corp. v. Commissioner,                           
            64 T.C. 238, 243 (1975).  To say that the VSC resembles insurance                         
            from the contract holder's perspective is not to say that it                              
            constitutes insurance from the Dealership's perspective.                                  
            According to a view espoused by the Commissioner, the Dealership                          
            bears an insurance risk only to the extent that it agrees to                              
            indemnify the contract holder for repairs performed by other                              
            facilities; to the extent that it may perform covered repairs                             
            itself, the risk it bears is more properly regarded as a business                         
            risk.  On this distinction, see Rev. Rul. 68-27, 1968-1 C.B. 315;                         
            see also Jordan v. Group Health Association, 107 F.2d 239, 248                            
            (D.C. Cir. 1939).                                                                         




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