Westpac Pacific Foods - Page 2




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          entering various purchasing contracts constitute income in the              
          year of receipt.  All section references are to the Internal                
          Revenue Code in effect for the years in issue, and all Rule                 
          references are to the Tax Court Rules of Practice and Procedure             
                                  FINDINGS OF FACT                                    
               Westpac is a general partnership whose principal offices               
          were located in Stockton, California, at the time the petition in           
          this case was filed.1  Westpac was formed for the purpose of                
          acquiring land, constructing a warehouse facility, and operating            
          such facility for the storage of food and other products sold to            
          the following three grocery store chains:  Raley's Inc.                     
          (Raley's), Save Mart Supermarkets, Inc. (Save Mart), and Bel Air            
          Mart, Inc. (Bel Air).  Raley's and Save Mart each owned 45                  
          percent of Westpac, and Bel Air owned the remaining 10 percent.             
          During the years in issue, Westpac used the accrual method of               
          accounting for tax reporting purposes.                                      
          GTE Sylvania Contract                                                       
               On or about July 12, 1990, Westpac entered into an agreement           
          with Sylvania Lighting division of GTE Products Corp. (GTE                  
          Sylvania) by which Westpac agreed to (1) make GTE Sylvania its              
          exclusive branded lamp supplier for Westpac and its member stores           
          for a 4-year term; (2) “aggressively and regularly” advertise and           


               1  Westpac changed its name from Westpac Pacific Foods to              
          Super Store Industries (SSI) at some point in 1991.  For the sake           
          of convenience, references to Westpac include references to SSI.            




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