- 3 - which outlines charges for the application of pesticides at different volumes per acre. The written contracts petitioner entered into have no explicit provision addressing fuel tax credits but provide that petitioner will be responsible for “wages, salaries, bills and taxes for labor, materials and equipment used in performance” of its services. The contracts further provide: Company will pay Contractor for the work performed under this agreement as outlined in Exhibit “B” attached. No tax (or an equivalent amount) or any extra charge shall be added to the price or compensation as specified in that Exhibit unless otherwise expressly stated. Unless otherwise expressly provided, Contractor shall pay all sales, use, excise and any other applicable taxes now or hereafter enforced upon or with respect to or measured by the materials, equipment and work furnished by the Contractor or the compensation paid to persons employed in connection with performance by Contractor, and Contractor shall indemnify Company against any and all liabilities and expenses of whatsoever nature resulting from Contractor’s failure to pay the same. Upon completion of its services, petitioner issues invoices to its customers stating the number of acres treated, the unit price, and the total payment due. Petitioner’s customers during the years in issue never had nor requested information about the amount of fuel that was expended by petitioner in applying pesticides on their land. Before establishing Crop Care Applicators, Inc. in 1984, Mr. Duncan managed the pest control department of a farming company that farmed 40,000 acres in California. As manager, Mr. DuncanPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011