The Kroger Company and Subsidiaries - Page 3

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            occupying over 100 pages, and there are 143 accompanying                                  
            exhibits.  We will set forth only those stipulated facts that are                         
            necessary to understand our report, along with other facts that                           
            we find.                                                                                  
            I.  Background                                                                            
                  A.  Kroger                                                                          
                  The Kroger Co. (Kroger) is an Ohio corporation, with its                            
            principal place of business in Cincinnati, Ohio.  Kroger is the                           
            common parent corporation of an affiliated group of corporations                          
            making a consolidated return of income.  For itself, and as sole                          
            agent for each member of the affiliated group, Kroger filed the                           
            petition giving rise to this case.  (In the papers filed in this                          
            case, the convention of the parties has been to use the term                              
            “petitioner” to refer to the affiliated group as a whole (as,                             
            from time to time, it was constituted).  We will adopt that                               
                  Petitioner’s principal business activities are the operation                        
            of supermarkets and convenience stores and the distribution and                           
            sale of drug and general merchandise.  During the years in issue,                         
            petitioner operated one of the nation’s largest supermarket                               
            chains, measured by total sales, and one of the nation’s largest                          
            drug store chains.  Kroger, itself, was in the retail food                                
            business, operating numerous grocery product warehouses and                               
            supermarkets.  Kroger generated over $11 billion in annual sales                          
            from its supermarkets during each of the years in issue.  Superx,                         

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Last modified: May 25, 2011