GAC Produce Co., Inc., An Arizona Corporation - Page 58




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         relationships to each other of the contracting parties, (2) any               
         compensation under the contract in addition to the commission,                
         (3) how the cost structure and financial position of the alleged              
         comparable compares to petitioner's cost structure and financial              
         position, and (4) whether the parties to the contract examined                
         actually performed the same services as did petitioner.                       
         Respondent also contends that there are inaccuracies in Dr.                   
         Cook's calculations.                                                          
              Respondent contends that Bud Antle's arrangements with the               
         Canelos growers and with its domestic growers varied                          
         significantly from petitioner's arrangement under the SCP deal                
         and, therefore, the Bud Antle commission rate cannot serve as a               
         reliable comparable in determining petitioner's arm's-length                  
         commission rate.  Respondent asserts that Bud Antle received a                
         share of the profits under its arrangements or received                       
         compensation in addition to its commission; it operated as part               
         of Dole, making its transactions with SCP related-party                       
         transactions; and it did not perform any border-crossing                      
         services.  Petitioner counters that the Bud Antle amendment is a              
         reliable comparable for petitioner's commissions relating to the              
         SCP deal.  Petitioner maintains that the 34-cent-per-package                  
         commission was independent of the profit split and that the                   
         commission was paid for Bud Antle's selling services.  According              
         to petitioner, Bud Antle received its share of the profits, not               





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