GAC Produce Co., Inc., An Arizona Corporation - Page 55




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         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-               





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