Rameau A. and Phyllis A. Johnson - Page 55

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            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.                                    




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