- 18 - Petitioner bears the burden of proof on this issue. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Petitioner's contention that it held the promotional account funds as a nontaxable intermediary rests upon a number of decisions of this and other courts. See, e.g., Ford Dealers Advertising Fund, Inc. v. Commissioner, 55 T.C. 761 (1971), affd. per curiam 456 F.2d 255 (5th Cir. 1972); Angelus Funeral Home v. Commissioner, 47 T.C. 391 (1967), affd. 407 F.2d 210 (9th Cir. 1969); Seven-Up Co. v. Commissioner, 14 T.C. 965 (1950). In Seven-Up Co. v. Commissioner, supra, Seven-Up Co. (7-Up) manufactured and sold extract for a soft drink to various franchised bottlers. Each bottler was granted an exclusive sales territory by 7-Up and controlled its own sales promotion and local advertising within that territory with the aid of 7-Up. Certain bottlers decided that it would be more efficient to conduct promotion and advertising of the beverage on a national level. In order to fund the national advertising campaign, participating bottlers were required to pay 7-Up $17.50 per gallon of extract purchased. The funds were administered by 7-Up and were to be spent solely for advertising purposes. The funds 6(...continued) respectively, these amounts are not part of the promotional account yearend balances.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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