- 40 - 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).Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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