- 32 - subordinated to its relationship with Winery. Also, Winery's control of Vineyards' viticultural practices entitled it to use the term "estate bottled" to describe its wines. Consequently, the evidence supports an inference that a long-term relationship between Vineyards and Winery could have been established even without Vineyards' generous payment terms. Because the dealings between Vineyards and Winery are at variance with the practices of unrelated parties with similar objectives dealing at arm's length, we are not prepared to accept that they occurred in the ordinary course of Vineyards' business or were actuated by the business purposes claimed for them. Petitioner has pointed to no nontax benefit received by Vineyards from Winery commensurate with the substantial concessions and accommodations made by Vineyards for Winery's benefit. Moreover, petitioner has not shown that Vineyards could not have sold, as it did in 1981, all of its grapes to third parties at market value on terms that did not entail the same period of deferral as its sales to Winery. To the contrary, it appears to us that Vineyards was able to sell to unrelated buyers all of the grapes that Winery did not require without such a deferral of payment of the purchase price.8 Accordingly, we conclude that petitioner has not established that there was a legitimate business purpose 8 Mr. Groth testified that he had significant experience selling Vineyards' grapes to unrelated parties.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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