GAC Produce Co., Inc., An Arizona Corporation - Page 27




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         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.  Petitioner                  





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