- 30 - Winery's lenders. These arrangements apparently allowed Winery to use available resources to develop itself. Mr. Groth admitted at trial that "perhaps" Vineyards would have been paid for its grapes sooner had it sold to unrelated parties. Petitioner contends that Vineyards had a legitimate business purpose for extending such generous payment terms to Winery. At trial, Mr. Groth, a general partner of Vineyards, testified that he sought to establish a long-term relationship with Winery because (1) such a relationship would provide Vineyards with a continuing market for its grapes, and (2) the best prices for grapes tended to be paid on long-term contracts. Mr. Groth also testified that a vineyard would do well if it established a long- term relationship with a successful winery. The record indicates that grape growers offered favorable terms to large-quantity purchasers given the prospect of developing a long-term relationship with those buyers. Accordingly, we would not consider it unusual if Vineyards offered some accommodation to Winery to foster such a relationship. The record, however, indicates that, when unrelated parties dealt with each other, the inducement typically offered for a long-term relationship was a lower price per ton of grapes purchased, rather than substantial deferral of payment of the purchase price.7 Accordingly, even if Vineyards had desired 7 In petitioner's Sur-Reply Brief, petitioner points to a (continued...)Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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