GAC Produce Co., Inc., An Arizona Corporation - Page 41




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              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,              





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