- 41 - Petitioner's Expert Witness Petitioner submitted the expert report of Dr. Roberta Cook (Dr. Cook). She has a Ph.D. in agricultural economics and is employed as an extension economist in the Department of Agricultural Economics at the University of California-Davis. Dr. Cook's major area of specialization is fresh fruit and vegetable marketing. She also works in the broad area of food distribution. Dr. Cook concluded that, taking into consideration the nature and volume of the products, as well as the functions performed and the risks assumed in petitioner's operations, petitioner was charging its related growers a commission rate consistent with industry standards and in accordance with section 1.482-2(b)(3), Income Tax Regs. In assessing the arm's-length nature of petitioner's commission rate, Dr. Cook considered: (1) Produce distribution industry standards; (2) distribution agreements between petitioner and unrelated parties, particularly SCP, but also Bud Antle, Apache, Van Dyke, and the otros growers; (3) comparable agreements between other unrelated parties (specifically Fresh Choice); (4) the nature of the products being distributed; (5) the volume of products being sold; (6) the types of functions and services performed; and (7) the risks assumed by the parties to the agreements. Dr. Cook stated that the SCP contract was a third-party growing/marketing agreement between SCP, petitioner,Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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