- 34 - 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 pricePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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