- 3 - 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 specialPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011