- 12 - petitioner deducted the amount paid under the Distribution Agreement and all other expenses associated with the operation of the courier business. We believe payment of the "inbound expenses" by petitioner constituted a quid pro quo for information and promotional benefits petitioner obtained from the Guatemalan companies. Hence, they were incurred in furtherance of petitioner's business. As stated previously, a substantial percentage of petitioner's business revenues for the year in issue came as a result of the flow of envelopes originating in Guatemala to recipients in the United States. The record herein reflects that J.F. Leon left Guatemala in 1968 because of a feud with his brothers. We do not believe that he or his brothers would have performed services for one another gratuitously. Rather, we believe that the relationship between J.F. Leon, on the one hand, and J.R. Fong and R.A. Leon, on the other hand, was such that they were "`more independent in action than strangers in blood'". Levenson & Klein, Inc. v. Commissioner, 67 T.C. 694, 718 (1977) (quoting Jos. N. Neel Co. v. Commissioner, 22 T.C. 1083, 1090 (1954)). Accordingly, we conclude the relationship between petitioner and the Guatemalan companies was at arm's length. Because we found the relationship between petitioner and the Guatemalan companies was at arm's length, we do not believe it appropriate to substitute our judgment for that of J.F. Leon in determining how much should be paid to the Guatemalan companies.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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