- 36 - 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 ofPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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