- 73 - rationale of that case unless the facts present a certainty, of performance or fixed dates, such as was presented in Artnell Co." The cases at hand are distinguishable from Artnell Co. on their facts. First, the evidence does not establish that the Dealerships incurred costs for administration of the PLRF arrangement according to a fixed schedule. We concluded above that, in the absence of mileage information, the Dealerships could reasonably estimate their administrative costs in accordance with the passage of time. But the amount of mileage driven under a contract would be ascertainable for any year in which a mechanical breakdown or cancellation occurred, and might control the determination of costs incurred for that year. Thus, the proper schedule for accrual of these costs remained at all times contingent upon wholly unpredictable variables. Cf. T.F.H. Publications, Inc. v. Commissioner, supra; Standard Television Tube Co. v. Commissioner, supra. Second, as petitioners themselves argued with respect to the reserve deposits issue, the Dealerships' performance is not certain, because the purchaser retains the right to cancel. If the Dealerships were permitted to defer income until the period when they are allowed offsetting deductions for Fees and Premiums, they might never report the income. Cf. Continental Ill. Corp. v. Commissioner, supra. It was not an abuse of discretion for respondent to refuse to permit the Dealerships to match their income with their expenses.Page: Previous 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Next
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