- 55 - mention the PLRF in their sales presentations to prospective VSC purchasers. The protection that the Dealerships did emphasize was the major insurance company that was underwriting the program, symbolized by the red Travelers umbrella that the manager of one of the Dealerships testified that he kept on hand for this purpose. We conclude that VSC purchasers held no beneficial interest in the PLRF. Recognition of the PLRF as a trust for Federal income tax purposes provides no basis for the exclusion of reserve deposits from the Dealerships’ gross income. 2. Investment Income of the PLRF Investment income earned by the PLRF apparently was not reported on any tax return for taxable years prior to 1992. For 1992 and subsequent years, the Escrow Trustees filed Forms 1041 for each escrow account, ostensibly reporting this income in a manner consistent with the treatment of the accounts as complex trusts. Petitioners advance alternative arguments defending both treatments: Code �468B(g), which was enacted in 1986, directed Respondent to issue regulations which would specify how investment income such as that credited to the Escrow Accounts should be taxed. * * * The regulations which were finally issued do not address situations such as the one presented here. [Fn. ref. omitted.] In the absence of regulatory guidance, the Court should apply the law as it existed before enactment of Code �468B(g). The principles developed by the courts would defer taxation of any earnings credited to the Escrow Accounts until their owner is identified.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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