- 21 - v. Commissioner, 47 T.C. 391, 395 (1967); Seven-Up Co. v. Commissioner, supra at 977. To establish the terms of the promotional account agreements, petitioner presented several witnesses, including its chairman, two of its officers, two current employees, and a former employee. Each of these individuals testified that petitioner did not own the promotional account funds.7 But none of these individuals clearly articulated the terms of the agreements between the vendors and petitioner with respect to the promotional accounts. Due to the relationship between petitioner and these individuals and the imprecise nature of their testimony with respect to the promotional account agreements, these witnesses did not aid petitioner in establishing that it was a nontaxable intermediary with respect to the promotional accounts. In addition to the testimonial evidence, petitioner submitted two written promotional account agreements between petitioner and Colgate. These agreements indicate that Colgate will reimburse petitioner for its cost of rendering special event promotions, provided petitioner substantiates such expenditures through a "Certificate of Performance" and other supporting documentation. The Colgate agreements do not, however, indicate that funds from the promotional accounts can be used to make cash 7 We note that such testimony appears inconsistent with petitioner's treatment of these accounts on its 1988 books.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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