- 29 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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