- 20 - of a prepayment for a multiyear warranty agreement.11 Absent Rev. Proc. 92-98, supra, the Commissioner generally would have discretion under section 446(b) to deny taxpayers the right to defer prepaid services income until the periods when related costs will be incurred and taken into account. See Schlude v. Commissioner, 372 U.S. 128 (1963); American Auto. Association v. United States, 367 U.S. 687 (1961); Automobile Club of Michigan v. Commissioner, 353 U.S. 180 (1957); RCA Corp. v. United States, 664 F.2d 881, 885-888 (2d Cir. 1981); Johnson v. Commissioner, 108 T.C. 448, 491-492 (1997), affd. in part, revd. in part and remanded 184 F.3d 786 (8th Cir. 1999); see also Hinshaw’s, Inc. v. Commissioner, T.C. Memo. 1994-327 (requiring recognition of prepayment for extended warranty services in year of receipt, in circumstances nearly identical to instant cases). Thus, the basis for deferral that petitioners claim is only available to them if they meet the conditions of eligibility. See Mulholland v. United States, supra. It is not an abuse of discretion for respondent to impose as a condition on the election of the method in Rev. Proc. 92-98, supra, the requirement that petitioners use the method in Rev. Proc. 92-97, supra, to account for their 11 Petitioners attempted to advance the argument on brief that the amounts paid to Western General were not income to them at all. We concluded, supra, that this issue was not properly raised. In any event, such an argument offers no basis for the deferral of income; it concerns exclusion of income, not deferral.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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