-71- customer, even though under no obligation to do so, decided to accept Consolidated's offer to purchase and delivered a customer core to Consolidated and if that core satisfied Consolidated's requirements for acceptance of a customer core, Consolidated (1) purchased that core for a price which generally was equal to the core amount (i.e., the core credit amount) and which was shown on the customer core sales invoice under the column headed "Cores--Price Each" and (2) paid for it by crediting that customer's customer account receivable in an amount equal to that price (viz, the core credit amount). The customer core purchase offer amount and the core credit amount for each customer core were set at an amount that the marketplace in which Consolidated acquired customer cores demanded. The facts that we have found on the record in this case and the issue under section 471 that is presented to us distinguish this case from Redwing Carriers, Inc. v. Tomlinson, 399 F.2d 652 (5th Cir. 1968), and Burrell v. Commissioner, 400 F.2d 682 (10th Cir. 1968), affg. T.C. Memo. 1967-160, the principal cases on which petitioner relies to support its position that Consolidated acquired customer cores in exchange, and not purchase, transactions. Consequently, we find petitioner's reliance on those cases to be misplaced. The Court of Appeals for the Fifth Circuit began its opinion in Redwing Carriers, Inc. v. Tomlinson, supra, by framing the issue presented to it as follows:Page: Previous 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Next
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