- 45 - assets test. Both CV and CVI intended that, prior to the end of CVI's taxable year, CVI would reimburse CV's export promotion expenses and pay a dividend with the funds that were not required to reimburse the expenses and purchase qualified receivables from CV. CVI transferred funds to CV's possession prior to the end of each of the taxable years in issue for those purposes. CV treated those funds as its own, depositing them in its bank account, and each transfer was recorded on the respective books of CV and CVI at that time as a payment by CVI to CV, not as a loan or open account. There were no circumstances contemplated by the parties under which those funds would be repaid to CVI and there were no further conditions that CV was required to satisfy in order to be entitled to those funds. Consequently, we conclude that the funds were subject to CV's complete dominion and control at the time they were deposited in its bank account. Although, by the close of each of CVI's relevant taxable years, all events had occurred to determine the total amount of export promotion expenses owed and qualified accounts receivable to be purchased, that information was not available to CV's and CVI's tax and accounting departments at that time. That unavailability was the only circumstance preventing the each of CVI's payments to CV from being allocated to and among the expenses reimbursed, the qualified receivables purchased and the dividends paid. Moreover, under the terms of the export promotion agreement, CV was required to bill the export promotion expenses to CVI at the close of CVI's fiscal year, and the amountPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011