Toyota Town, Inc. - Page 7




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          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 advance                  






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