- 4 - promotions, allowances, and/or special buys on products, with the condition that all offers must be a "real show special". Generally, the product promotional allowance was paid in cash at the food show when the order was placed. In our original opinion, we held that the amount of currency distributed by the vendors to the member stores at the food shows was taxable to petitioner.2 See Affiliated Foods, Inc. v. Commissioner, T.C. Memo. 1996-505. The Court of Appeals for the Fifth Circuit affirmed our reasoning on this issue and stated that these cash rebates distributed at the food shows were properly characterized as disguised patronage dividends. See Affiliated Foods, Inc. v. Commissioner, 154 F.3d at 533. One of the sources for the cash used by the vendors to make payments at the food shows was the funds deposited with petitioner in the promotional accounts. In the present Rule 155 computation, respondent seeks to include in petitioner's taxable income the funds withdrawn from the promotional accounts and distributed at the food shows by the vendors. Petitioner maintains that this inclusion is inconsistent with the decision of the Court of Appeals for the Fifth Circuit that the funds held 2With appropriate substantiation, petitioner could have deducted these amounts after reporting them as income. See sec. 1382(a) and (b). Petitioner, however, destroyed all documentation regarding the cash rebates distributed at the food shows, except for those involving Western Family Foods, Inc.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011