- 20 - reimbursement to petitioner and Crocus of their direct expenses and overhead allocable to foreign trade shows] were * * * divided either equally between petitioner and Crocus (petitioner’s position) or between Aras Agalarov (50%) and the other three shareholders of Comtek (50%) (respondent’s position). * * * * * * * 27. The parties stipulate that both ECI and the royalty agreement should be disregarded for federal income tax purposes. Respondent concedes that if the foreign trade show receipts are treated as gross income received by petitioner, then petitioner is entitled to deduct the foreign trade show expenses that were paid from the trade show receipts treated as gross income to the extent that such expenses have been substantiated * * *. This would include trade show expenses paid by ECI directly and trade show expenses Crocus paid for which it was reimbursed through ECI. The parties agree that no adverse inference should be drawn against either of them based on the ECI [royalty] agreement. The parties agree that the Court may characterize the relationship between petitioner and Crocus vis-a-vis the foreign trade shows based solely on this Stipulation of Facts and the Exhibits attached hereto and the opposing party’s admissions filed in this case. The parties reserve the right to object on relevancy grounds to any proposed finding of fact based on the admissions. The sole issue in dispute is how Crocus and petitioner should report the income generated by the foreign trade shows. Petitioner contends that, if the ECI [royalty] agreement is ignored, then it and Crocus were joint venturers in the foreign trade shows during the years at issue and that the trade show profit should be divided either equally (i.e., 50% petitioner, 50% Crocus) or that profits should be allocated based on each party’s payment of trade show expenses. If the Court finds that petitioner and Crocus were engaged in a joint venture during the years at issue and that they agreed to split equally the net profits from the foreign trade show business, respondent concedes that such an allocation of the net profits would have "substantial economic effect" under I.R.C. � 704(b)(2). Alternatively, if the Court determines that petitioner must report all of the gross receipts, then petitioner contends that it is entitled to a deduction for the 50%Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011