Toyota Town, Inc. - Page 11





                                       - 11 -                                         
          year of inception of an EWA, plus the imputed income represented            
          by the interest-equivalent factor in each of the years of the               
          contract term.                                                              
               In the notices of deficiency, respondent determined that the           
          service warranty income reported by petitioners had been computed           
          incorrectly for the years in issue.7  Respondent contends that              
          petitioners incorrectly computed their deduction for insurance              
          costs in the year a policy was purchased by taking a full year’s            
          worth of amortization rather than amortization measured from the            
          actual date of the policy’s inception and payment of the premium.           
          In the absence of information regarding the actual dates of sale            
          of EWA’s, respondent recomputed petitioners’ amortization                   
          deductions on the assumption that the transactions had occurred             
          ratably over the years in issue.                                            
               In their petitions, petitioners alleged that respondent                
          erred in recomputing the amortization deductions, contending that           
          their amortization of insurance expense should be computed using            
          the same methodology as that used in computing receipt of EWA               
          income; that is, the convention deeming qualified advance payment           
          amounts as having been received on the first day of the taxable             
          year should likewise apply for amortization of insurance expense,           


               7 In the case of the Zamoras, the deficiency was determined            
          on the basis of the Zamoras’ distributive share of comparable               
          adjustments made to the warranty income of their S corporation,             
          Wondries Chevrolet.                                                         





Page:  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