- 28 - received a commission of 40 cents per box from the proceeds of the produce sold for the services it performed in distributing brussels sprouts, celery, and lettuce for Bud Antle. In November 1988, Bud Antle formally became a party to the SCP contract through a document entitled "Second Amendment to Sales Subagency Agreement" (Bud Antle amendment), wherein from November 1, 1988, to June 1, 1989, petitioner appointed Bud Antle as its subagent relating to the marketing and sale of lettuce, celery, and brussels sprouts grown by the Canelos growers in Mexico. Under the Bud Antle amendment, the term "SCP" was defined to include Bud Antle. SCP and Bud Antle shared in the profits from the sale of the produce covered under the SCP contract, as amended. In addition, petitioner's commission of 40 cents per box was eliminated with respect to the produce sold by Bud Antle; instead, Bud Antle received a commission of 34 cents per box as compensation for services in distributing the lettuce, celery, and brussels sprouts. Petitioner, nonetheless, received a commission of 20 cents per pack for border crossing and related services relating to the Canelos growers' produce that Bud Antle distributed for them. In operation, Bud Antle did not receive its commission as a direct payment. Rather, Dole made an internal allocation on its books and records to account for the commission. SCP advanced financing to the Canelos growers for the produce included under the Bud Antle amendment. Bud AntlePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011