Foretravel, Inc. - Page 34

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            that, in order to qualify as a volume discount, the discount must                              
            be set forth in a formula, and the volume of product to be                                     
            purchased in order to qualify for the discount must be specified.                              
            However, the discounts here are not volume discounts.  Many                                    
            different arrangements can constitute a reduction in sale price.                               
            Cf. Max Sobel Wholesale Liquors v. Commissioner, 630 F.2d 670,                                 
            671-672 (9th Cir. 1980), affg. 69 T.C. 477 (1977); Dixie Dairies                               
            Corp. v. Commissioner, 74 T.C. 476, 489-492 (1980); Haas Bros.,                                
            Inc. v. Commissioner, 73 T.C. 1217 (1980); Tri-State Beverage                                  
            Distribs., Inc. v. Commissioner, 27 T.C. 1026, 1029-1031 (1957);                               
            Pittsburgh Milk Co. v. Commissioner, 26 T.C. 707 (1956);                                       
            Convergent Technologies, Inc. v. Commissioner, T.C. Memo. 1995-                                
            320.  In Mississippi Chem. Corp. v. Commissioner, 86 T.C. 627,                                 
            640 (1986), we noted that the common thread running through Max                                
            Sobel, Dixie Dairies, Haas Brothers, and Pittsburgh Milk is that                               
            there was an agreement between the taxpayer and its customers,                                 
            entered into prior to the sale of the product, providing for the                               
            refund of some part of the purchase price.  We are satisfied that                              
            this common thread runs through the rebates paid by petitioner to                              
            its dealers.                                                                                   
                  There is no doubt that the various facets of petitioner's                                
            rebate program did not lend themselves to expression by a                                      
            numerical formula.  Nonetheless, if the individual factors                                     
            separately would qualify as a purchase price reduction, then the                               
            factors taken as a whole would qualify as a purchase price                                     




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