Rameau A. and Phyllis A. Johnson - Page 73

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            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.                                





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