- 4 - recognized. (Except for 1988, when it deducted 20 percent of the entire amount of contracts written in 1988.) It described this deduction as "provisions for reserves." Thus, continuing the example used above, when it recognized $110 in year 1, petitioner would take a deduction of $22 in year 1 ($110 x .2) and called this deduction a "provision for reserve." In year 2, petitioner would recognize as income the "provision for reserve" deduction from the prior year. Thus, in year 1, petitioner effectively reported $88 ($110 - $22). In year 2, petitioner reported $152 ($130 + $22). Respondent commenced an examination of petitioner's 1990 and 1991 returns in March 1993. (Later during the examination 1992 was included.) Prior to the commencement of the examination, petitioner made no application to respondent with respect to changing its method of accounting for its income and deductions. During respondent's examination of petitioner, the issue arose as to whether the home warranty contracts constitute insurance contracts for purposes of section 832. To resolve that issue, the parties participated in obtaining technical advice from respondent's national office. This process of obtaining technical advice was initiated by respondent's revenue agent by means of a memorandum (Form 4463, Request for Technical Advice From Associate Chief Counsels (Technical) and (International)) dated June 17, 1993. Petitioner participated in the technicalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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