- 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 toPage: 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