- 12 - petitioner. The royalty agreement says nothing about fees to be collected by Crocus. After December 31, 1994, trade show exhibitors located outside the former Soviet Union either paid their exhibition fees by check in U.S. currency payable to petitioner or by wire transfer in U.S. currency to a bank account in the name of ECI, while exhibitors located in the former Soviet Union continued to pay their exhibition fees to Crocus. During the taxable periods at issue, i.e., January 1, 1995 through July 31, 1996, 90 percent of the fees for exhibition space at foreign trade shows were paid by exhibitors located outside the former Soviet Union, and the remaining 10 percent were paid by exhibitors located in the former Soviet Union.7 Second, under Article 4.1 of the royalty agreement, ECI agrees to pay petitioner a royalty of 25 percent of gross revenues of foreign trade shows, while under Article 4.2 of the royalty agreement, petitioner agrees to pay ECI a royalty of 35 percent of gross revenues from trade shows in the United States conducted after March 1, 1995. Petitioner reported 25 percent of gross revenues from foreign trade shows in accordance with Article 4.1., except in cases where the foreign trade show was conducted solely by petitioner. Petitioner reported 100 percent of gross revenues from trade shows in the United States conducted 7The parties have not stipulated the relevant percentages for foreign trade shows conducted before Jan. 1, 1995.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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