GAC Produce Co., Inc., An Arizona Corporation - Page 24




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         related businesses, including, but not limited to, petitioner,                
         the Canelos growers, Transportes, Empaque ABC, and SUNCO.                     
         Potential Comparable Transactions                                             
              The Otros Growers                                                        
              Petitioner distributed grapes, European cucumbers, squash,               
         and melons for the otros growers.  During the years in issue,                 
         produce from the otros growers that petitioner distributed did                
         not include tomatoes.  Petitioner charged them a commission rate              
         of the greater of 55 cents per box or 10 percent of sales for                 
         services including border crossing, loading and unloading,                    
         warehousing, marketing, collecting of sales proceeds, liquidating             
         the accounts, and distributing the sales proceeds.  Petitioner                
         retained 55 cents per box of the commission fees collected and                
         gave any remaining portion of the fees to the Canelos growers.                
         Petitioner also provided technical assistance and advances for                
         seed, boxes, freight, customs brokerage expenses, and other                   
         expenses for which the otros growers reimbursed petitioner.                   
              During the years in issue, petitioner sometimes made money               
         advances, described as "adelantes" on petitioner's books, to the              
         otros growers.  The funds for the adelantes sometimes came from               
         funds that SCP lent to petitioner for advances for the SCP deal.              
         Petitioner generally made final liquidations to and paid all                  
         otros growers 30 to 40 days after the final sale of their                     
         produce.                                                                      





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Last modified: May 25, 2011