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season or after 30 to 40 days from the date of the last
sale;
(s) debiting accounts receivable and crediting sales
for the full amount of the sale upon a sale of a grower's
produce to a purchaser (a sale could include produce from
both related and unrelated growers);
(t) conducting promotional activities, such as
designing print advertisements and participating in industry
trade shows; and
(u) performing at the grower's expense promotional
activities involving labels not owned by either petitioner
or related growers.
In liquidating an account, petitioner subtracted from the sales
proceeds its commission and all expenses and costs due from the
grower. Petitioner then disbursed the remaining funds to the
grower and gave the grower a "liquidation sheet" (final
settlement statement).
Additionally, petitioner performed the following services
solely for the Canelos family or for the Canelos growers:
(a) Making sales proceeds available for offset to the
Canelos growers' loan accounts or for disbursement to them
as soon as the sales were made;
(b) performing personal administrative duties, such as
paying bills, for Canelos family members;
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Last modified: May 25, 2011