Haffner's Service Stations, Inc. - Page 36




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          cost and quantity of the gasoline and home heating oil which it             
          would purchase from Parker and, second, the price at which it               
          would sell those products to consumers.  Whereas petitioner                 
          (through Haff) set the price at which it would sell its products            
          to its customers, the record establishes that petitioner had few            
          negotiations with Parker as to petitioner’s cost of those                   
          products.  Petitioner also played no part in the negotiations of            
          the cost and quantity of those products purchased by Parker for             
          resale to petitioner.  The negotiations, obviously, occurred                
          between Parker and the third party from which it purchased the              
          products.  Although petitioner’s business could be viewed as                
          somewhat large in the sense that it employed approximately 150              
          individuals and generated approximately $60 million of gross                
          receipts, the fact of the matter is that petitioner’s business              
          was relatively small when compared to the industry’s “comparable”           
          businesses.  As to both Emile and Louise, we answer the question            
          in the negative.                                                            
               d.  Comparison of Salaries Paid With Net and Gross Income              
               For each of the subject years, we compare Emile’s and                  
          Louise’s compensation, including bonuses, first to petitioner’s             
          gross income and then to its taxable income (before any deduction           
          for the relevant employee’s compensation).  As to Emile, the                
          first comparison yields percentages of 8.26, 7.55, and 7.23,                
          respectively, and the second comparison yields percentages of               






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Last modified: May 25, 2011