- 27 - frequently were made several months after the Mexican produce growing season ending in April or May. For the years 1989 through 1992, Apache transferred sales proceeds from the Canelos growers' produce in the amounts of $11,651,670 to petitioner's account and $15,000 to the bank account of Mr. Canelos' wife. On its Federal corporate income tax returns for years ending August 31, 1989, through 1992, Apache reported gross receipts of $705,566, $801,037, $756,640, and $270,999; interest income of $23,102, $89,078, $53,142, and $29,738; cost of goods sold of $353,850, $363,345, $228,847, and $11,281; and taxable income (loss) of $99,084, $78,104, $101,246, and ($278,837). Mr. Padilla was Apache's primary salesman, and Apache had fewer employees than petitioner. Apache's fixed costs were lower than petitioner's fixed costs. Mr. Maldonado, on behalf of Mr. Canelos and the Canelos growers, and Mr. Padilla, on behalf of Apache, determined the commission rate that Apache would receive for selling the Canelos growers' produce. Mr. Maldonado had no selling, marketing, or operational responsibilities for Apache. Bud Antle Beginning in 1986 and continuing through a portion of 1989, Bud Antle distributed celery, brussels sprouts, and, subsequently, lettuce for the Canelos growers as part of the SCP deal. Initially, Bud Antle received a commission of 10 percent of sales, one-half of which was absorbed by SCP. PetitionerPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011