- 4 - terms of payment to Mr. Aydin or AA&H are "irrevocable, sight letter of credit confirmed by a major U.S. Bank", and provides for a delay in payment of no more than 3 work days after funds are received by petitioner. The schedule of payments for the three types of machines is identical to that under the first commission agreement, except that the threshold of the obligation to make payments with respect to the most expensive, heavy-duty machine--Model 7036-SD--is raised from $122,000 to $128,000 per unit. The second commission agreement contains four pairs of disjunctive references to "Metin Aydin or AA&H International": The preamble referring to the following terms of payment to Mr. Aydin or AA&H for "sales he secures for the Government of Turkey"; petitioner's acceptance of liability "for amounts due" to Mr. Aydin or AA&H when an acceptable letter of credit is received; the agreement of Mr. Aydin or AA&H to allow delay in payment of no more than 3 business days after funds are received by petitioner; and Mr. Aydin's two signatures on behalf of himself and AA&H. In October 1987, Mr. Aydin, having sold trenching machines for petitioner in previous years as a sales representative, became the owner and sole shareholder of petitioner. He owned 100 percent of the stock of petitioner during the taxable year ended September 30, 1989. His acquisition of petitioner occurred against expert advice questioning his wisdom in doing so.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011