- 4 - Overpayments, Refunds, and Credit Balances Some of petitioner’s customers remitted payment in excess of the amounts they actually owed. In certain instances, the customer would duplicate the required payment by first paying pursuant to the product invoice and subsequently making payment according to a monthly statement issued by petitioner prior to the receipt of the customer’s initial payment.1 All overpayments were applied to the customer’s account, generally producing a credit balance in favor of the customer. Petitioner’s marketing materials and shipping invoices contained a statement of its return policy. The policy allowed customers to return any item with which the customer was not satisfied, for any reason, within 60 days of receipt.2 The customer had the option of selecting a replacement, a full refund, or a credit to his account. Product returns during the 1995 taxable year totaled $1,154,395, which amounted to 1 In their arguments, the parties distinguish between overpayments and duplicate payments. We, however, see no principled reason for distinguishing between the two. Accordingly, in our opinion we shall refer only to customer overpayments, which include overpayments of any amount. 2 In certain instances in which the customer was not completely satisfied with the delivered product but nonetheless intended to use it, petitioner would negotiate with the customer an adjustment to the amount billed. Where the customer had previously paid the full invoice amount, this adjustment would result in a credit in favor of the customer. For purposes of this opinion, we shall consider invoice adjustments as part of customer returns.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011