Rameau A. and Phyllis A. Johnson - Page 68

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            when the services would be performed, but they could only be                              
            performed within the same year, then the rule would be applied by                         
            recognizing the entire cost for the year in which services were                           
            performed.  Here however, the services consist to a substantial                           
            extent in the processing of breakdown claims and contract                                 
            cancellations, and hence are contingent in both timing and                                
            amount.  As a result, the amount of the liability properly                                
            allocable to any of the years under the contract cannot be                                
            accurately determined until the contract expires.  Neither the                            
            statute nor the regulations provide specific guidance for                                 
            handling these uncertainties.                                                             
                  The responsibility for developing fair and administrable                            
            standards for implementing statutory requirements lies with the                           
            Commissioner.  Respondent acknowledges on brief the practical                             
            difficulty of applying the economic performance requirement under                         
            the circumstances of these cases.  It appears to be respondent’s                          
            position, at least for purposes of these cases, that where the                            
            timing and amount of services to be provided to the taxpayer                              
            cannot be determined before expiration of the service contract,                           
            but the taxpayer can demonstrate “a reasonable manner in which to                         
            estimate the amount and timing of the services that will be                               
            required", respondent will permit the taxpayer to accrue its                              
            liability over the term of the contract in accordance with the                            
            taxpayer's estimates.  Respondent determined that the Dealerships                         





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