- 4 - Promotional Accounts During the years at issue, manufacturers provided vendors with promotional funds, which were sometimes referred to as "street money". These promotional funds were to be used by the vendors to increase retail sales. Many vendors deposited their promotional funds with petitioner. Petitioner then deposited these funds into its Amarillo account. Petitioner did not maintain separate accounts for the promotional funds; the promotional funds were commingled with its general operating funds. Although petitioner commingled the promotional funds with its general operating funds, petitioner maintained promotional fund accounting records. Petitioner furnished each vendor with a statement regarding its receipts and disbursements of promotional funds. Petitioner did not charge vendors a fee for maintaining these accounting records. We shall refer to these promotional funds and the associated accounting records as vendor promotional accounts.3 3 Although these promotional funds and associated accounting records are variously defined in the record as "record funds", "promotional allowance accounts", etc., we will use the term "promotional accounts". We use this term and any reference to payments, deposits, receipts, or deductions related to the promotional accounts for convenience only. The substantive Federal tax characterization of these accounts and the transactions related to these accounts are legal issues that we address in the Opinion section of this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011