- 55 - Productora), loading and unloading it (SUNCO), transporting it (Transportes), and distributing it (petitioner). The expenses related to the operations of those other entities, and we assume some profit to them, were paid from sales proceeds before calculating any profit or loss split. We are persuaded that had petitioner been an unrelated party, it would never have agreed to retain the 55-cent-per- package commission rate for the years in issue. We conclude that the 55-cent-per-package commission rate did not constitute an arm's-length rate. The question then is what commission rate an unrelated party would have accepted for its services in the SCP deal. Respondent contends that the otros growers' 10-percent commission rate serves as the best evidence of an arm's-length charge for the services petitioner rendered in the SCP deal. The otros growers were unrelated customers of petitioner. Respondent contends that petitioner's functions for the otros growers were in all important respects the same functions that petitioner performed for the Canelos growers. Respondent maintains that, to be comparable, the 10-percent commission rate required only two adjustments to account for two additional services that the Canelos growers received that the otros growers did not. Accordingly, respondent contends, for its services in the SCP deal petitioner should have charged a commission rate of 11.06-Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
Last modified: May 25, 2011