GAC Produce Co., Inc., An Arizona Corporation - Page 47




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         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.                      





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