Affiliated Foods, Inc., A Corporation - Page 3




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               Member stores purchase food and other consumer products from           
          petitioner.  Petitioner purchases these goods from manufacturers            
          and suppliers.  Petitioner purchases directly from sales                    
          representatives of some manufacturers, and it purchases other               
          manufacturers' products from independent brokers.  Brokers                  
          typically represent a variety of manufacturers or distributors.             
          Unless otherwise specified, we use the term "vendor" to refer to            
          manufacturers' sales representatives and brokers.                           
               During the years at issue, manufacturers provided vendors              
          with promotional funds.  These promotional funds were to be used            
          by the vendors to increase retail sales.  Many vendors deposited            
          their promotional funds with petitioner.  In our original                   
          opinion, we concluded that these funds deposited with petitioner            
          were properly taxable to petitioner.  See Affiliated Foods, Inc.            
          v. Commissioner, supra.  The Court of Appeals for the Fifth                 
          Circuit reasoned that, under the circumstances of this case, the            
          promotional account funds were not taxable to petitioner.  See              
          Affiliated Foods, Inc. v. Commissioner, 154 F.3d at 533.                    
               Petitioner also conducted annual food shows.                           
          Representatives of member stores would attend these shows and               
          place orders for various products from the vendors.  Each vendor            
          entered into an agreement with petitioner governing the vendor's            
          participation in the food shows.  One of the conditions of                  
          participation was that the vendor would offer approved special              





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