GAC Produce Co., Inc., An Arizona Corporation - Page 33




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         F.O.B. Price                                                                  
           per unit            Commission                                              
         $0 - $3.99              $.25                                                  
         4 -  5.99               .35                                                   
         6 -  7.99               .45                                                   
         8 and up                .55                                                   
         Agro was responsible for all costs associated with growing,                   
         harvesting, packing, and delivering the green onions to Fresh                 
         Choice.                                                                       
              In the agreement, Fresh Choice agreed to perform all the                 
         work of transporting, receiving, storing, loading, distributing,              
         and selling the green onions grown by Agro, to collect the sales              
         proceeds, and to provide technical assistance.  It served as                  
         importer of record of the green onions.                                       
              Fresh Choice also agreed to advance working capital funds,               
         and, for that purpose, it provided a line of credit to Agro for               
         which it received interest on loans against that line of credit.              
         Vessey also provided financing for the joint venture.                         
         Audit Determination                                                           
              On audit, respondent determined that the 55-cent-per-box                 
         commission rate petitioner received from the Canelos growers did              
         not constitute an arm's-length charge.  Consequently, respondent              
         increased petitioner's income for commissions from the Canelos                
         growers by the following amounts:                                             








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Last modified: May 25, 2011