- 32 - Western product had a show allowance of a dollar a case, and the member store bought 100 cases, then he would give the member store $100. Petitioner's actions with respect to the Western money reveal the substance of the food-show cash disbursements. Petitioner was distributing its money to its member stores, and hence its shareholders, and the distributions were based on the amount of product purchased, or business done, by the shareholder. This is the essence of a patronage dividend. However, rather than treat these distributions as patronage dividends, where deductibility would be conditioned on the distributions' meeting certain statutory requirements, petitioner merely excluded the amounts from income, achieving the same tax effect as a patronage dividend (provided the shareholders included the cash in their income). Moreover, the use of cash and destruction of records invite suspicion that there was no intent that the income be reported on any level. The vendors, not petitioner, were conduits with respect to the food show cash transactions. Petitioner was not a nontaxable intermediary with respect to the food show cash disbursements arising from the promotional accounts. Ford Dealers Advertising Fund, Inc. v. Commissioner, 55 T.C. 761 (1971). Similarly, as for the food show cash disbursements arising from the check- cashing transactions, petitioner exercised dominion and controlPage: 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