JRJ Express Incorporated, A California Corporation, d.b.a. King Express International - Page 12

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          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.            



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