- 36 - necessary, and then the dealer would in turn adjust the retail price to the consumer. The rebates offered to dealers when petitioner was in need of cash also qualify as purchase price reductions between petitioner and the dealers. Petitioner needed cash, and petitioner had extended credit to the dealer. Petitioner offered the dealer a rebate with the general understanding that the dealer would reduce the retail price to the consumer. The sale to the consumer put cash in the dealer's hands, which enabled the dealer to reduce the credit balance owed to petitioner. Petitioner's need for cash and the rate of sales at the retail level, coupled with the price the consumer was willing to pay the retailer for a coach, would determine the rebate needed, if any, to put the product into the hands of the consumer. These factors highlight why a numerical formula setting forth the amounts of the rebates may not be practicable in all instances. The fact that a dealer may receive a used coach as a trade exacerbates the uncertainty, because the used coach must be valued in order to determine the amount realized by the dealer at the retail level. The product sold by petitioner is unique, and the particular rebates needed to move merchandise into consumers' hands could fluctuate to such an extent that the rebates could be determined appropriately only on a transaction-by-transaction basis. We conclude that petitioner's failure to reduce its rebate policy into a numerical formula is not fatal toPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011