- 47 - industry averages. He asserted that the commission rate paid by the otros growers for petitioner's services was simply the 10 percent of sales actually paid by those growers to petitioner. He believed that the fact that petitioner paid a portion of the commissions to the Canelos growers does not change that fact. He asserted that petitioner would not have made the payment to the Canelos growers had petitioner been an independent party operating at arm's length. Dr. Frisch concluded that the commission rates paid by the otros growers provide the best evidence of an arm's-length commission rate for petitioner. Dr. Frisch stated that petitioner performed essentially the same functions for the otros growers as it performed for the Canelos growers. He stated that one difference in the transactions consisted of the quantities involved--over the years in issue, the otros growers accounted for approximately 3.3 percent of the total produce sold by petitioner, with the Canelos growers accounting for the rest. According to Dr. Frisch, the normal practice for produce distributors was to charge the same commission to large growers as to small growers. Thus, he stated, the fact that the Canelos growers were larger than the otros growers does not imply that they would pay different commission rates to an unrelated marketer. Consequently, Dr. Frisch concluded that no adjustment to the otros growers' commission rate was needed for the difference in volume.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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