- 66 - Furthermore, we do not agree with petitioner that a lower commission rate is justified because petitioner did not provide funding for the SCP deal. SCP lent money to petitioner with which to make those advances. Petitioner was principally responsible for repayment of those loans and for payment of the interest due on them. We are persuaded that an unrelated party under similar circumstances would demand a commission rate in the higher range. Accordingly, on the basis of the foregoing, we hold that for the years in issue income should be reallocated to petitioner in a manner to effect a commission rate of 11 percent of sales for the SCP deal produce petitioner sold during those years. In addition, for 1989 and 1990, income should be reallocated to petitioner in the amount of any payments petitioner made to Mr. Espinosa on behalf of the Canelos growers. To reflect the foregoing, Decisions will be entered under Rule 155.Page: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
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