- 51 - Discussion Petitioner contends that the SCP contract is an arm's-length agreement between two unrelated parties (i.e., petitioner and SCP) and, therefore, section 482 does not apply in the instant cases. On brief, respondent contends, on the other hand, that the SCP contract represents a complicated arrangement in which petitioner functioned as a member of a combined group, not as an independent negotiating party. The real issue, respondent asserts in effect, is whether the income petitioner reported on its U.S. corporate income tax returns for the years in issue pertaining to the SCP deal constitutes a reasonable allocation of petitioner's share of the Canelos organization's overall income from that deal for those years. The parties have stipulated that petitioner and the Canelos growers are controlled taxpayers within the meaning of section 1.482-1(a), Income Tax Regs. While, on its face, the SCP contract was between Dole and petitioner, we are persuaded that, in substance, it was not merely between those two parties. Rather, in our view, the SCP deal, to which the SCP contract related, constituted a joint venture between Dole on the one hand and the Canelos organization on the other. It is clear from the record that Dole considered petitioner and the Canelos growers to be indivisible components of the Canelos organization and that it was with the Canelos organization that Dole agreed to do business. The commissionPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011