Toyota Town, Inc. - Page 29





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               On this record, petitioners have failed to show error in               
          respondent’s determination insofar as it is premised on the                 
          conclusion that petitioners purchased insurance from Western                
          General.                                                                    
               Moreover, in Hinshaw’s, Inc. v. Commissioner, T.C. Memo.               
          1994-327, we held in virtually identical circumstances that the             
          prepayment of a multiyear insurance policy covering the                     
          taxpayer’s obligations under a multiyear vehicle service contract           
          is not deductible in the year of payment but must be amortized              
          over the life of the coverage.  We reasoned that the taxpayer               
          acquired a long-term asset by purchasing insurance covering a               
          period greater than 1 year and that, since the taxpayer benefited           
          from the coverage for more than 1 year, the cost must be                    
          capitalized.  See id.; see also Johnson v. Commissioner, 108 T.C.           
          at 488.12                                                                   
               Petitioners attempt to distinguish Hinshaw’s, Inc. v.                  
          Commissioner, supra, on the basis that the “policies” obtained              


               12 In Johnson v. Commissioner, 184 F.3d 786 (8th Cir. 1999)            
          affg. in part, revg. in part and remanding 108 T.C. 448 (1997),             
          the Court of Appeals for the Eighth Circuit affirmed our holding            
          that the cost of insurance premiums was required to be                      
          capitalized and amortized over the life of the coverage.                    
          However, the Court of Appeals reversed with respect to certain              
          fees paid for administrative services provided by an                        
          administrator unrelated to the insurer, holding that such fees              
          were deductible in the year of payment.  See id. at 789.  Here,             
          petitioners have stipulated, and the other evidence indicates, as           
          discussed supra, that all amounts paid to Western General were              
          for insurance costs.                                                        





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