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charged commissions on a per-box basis, most of them charged on
the basis of a percentage of sales.
Petitioner was included in the SCP deal because Dole wanted
a U.S. company to be involved in the transaction. No written
contracts exist authorizing petitioner to represent the Canelos
growers in negotiations with SCP or to enter into the SCP
contract. In the negotiations with Dole, Mr. Canelos and Mr.
Maldonado negotiated on behalf of petitioner. The Canelos
brothers negotiated on behalf of the Canelos growers. Mr.
Canelos had overall authority over the negotiations with Dole on
behalf of petitioner and the Canelos growers.
For year ending 1986, Dole estimated that the Canelos
growers would export approximately 7 million boxes of tomatoes,
in addition to approximately 3 million boxes of other produce.
For the years in issue, the number of boxes of produce Dole
estimated that petitioner would sell for the Canelos growers, and
the number of packs actually sold, were as follows:
FYE Budgeted Sold
1989 16,000,000 6,209,080
1990 19,000,000 6,188,221
1991 22,000,000 3,915,244
1992 25,000,000 2,794,408
For years ending before 1985, petitioner never sold more than
6,104,000 boxes of produce. During the year ending 1985,
petitioner sold 7,526,000 boxes. For years ending after 1986,
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