- 7 - covered by the EWA and was obligated to reimburse the purchaser for claims covered by the EWA provided the purchaser followed the proper claims procedures. The purchaser could obtain the repairs at a repair facility other than the Dealership from which the vehicle was purchased, so long as the purchaser complied with the terms of the EWA, which provides: In the event of a Breakdown [i.e., the failure of a covered part], you [i.e., the EWA purchaser] must follow this procedure. 1. Return your vehicle to the Dealer [i.e., each petitioner]. If this is not possible or practical, you must call his Claims Service (insurer) [i.e., Western General] for instructions * * * Petitioners are accrual method taxpayers. For the years in issue, petitioners elected to report their income from the EWA’s using the “service warranty income method” set forth in Rev. Proc. 92-98, 1992-2 C.B. 512, 514. Rev. Proc. 92-98, supra, permits certain accrual method sellers of motor vehicles and other durable consumer goods that receive a lump-sum payment (advance payment) from the sale of a multiyear service warranty contract to defer recognition of a portion of the advance payment generally over the life of the service warranty obligation. The portion of the advance payment permitted to be deferred under Rev. Proc. 92-98, supra, is the amount paid by the seller (within 60 days of receipt) to an unrelated third party for insurance costs associated with a policy insuring the seller’s obligations under the service warranty contract (the qualified advancePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011