Affiliated Foods, Inc. - Page 30

                                       - 30 -                                         
          by relying upon mere legal formality.  Mississippi Valley                   
          Portland Cement Co. v. United States, 408 F.2d 827, 833 (5th Cir.           
          1969); Major v. Commissioner, 76 T.C. 239, 246 (1981).                      
               Petitioner claims nontaxable intermediary status, noting               
          that it had no part in determining the amount of cash vendors               
          distributed at the food shows.  We disagree.  Petitioner arranged           
          the food shows and compiled the food show book.  The food-show              
          book set forth the product price promotions available at the                
          show.  Vendors submitted their proposed product price promotions            
          to petitioner, and petitioner determined whether the product                
          would be included in the show.  There was an incentive to make              
          the promotions attractive, because the promotions were either               
          accepted or declined by petitioner; there was no negotiating                
          after the proposal was submitted.  The control petitioner                   
          maintained over which products would be available at the show,              
          combined with the vendors' need to sell at the food show, ensured           
          that the product price promotion would be economically                      
          attractive.  Thus, petitioner played a significant role in                  
          determining the promotional allowances provided at the food                 
          shows.                                                                      
               With respect to the check transactions, petitioner claims it           
          merely provided a check-cashing service, receiving vendors'                 
          checks, cashing the checks, and returning the checks to the                 
          vendors.  We disagree.  Vendors made the checks payable to                  






Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011