GAC Produce Co., Inc., An Arizona Corporation - Page 66




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              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.                           
















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