- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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