- 25 - Before setting forth the reasoning to support our holdings, we make some preliminary observations, all having to do with the artificial situation created by the parties’ stipulation to disregard the royalty agreement and ECI and the accompanying obscurity, lack of transparency, and incompleteness of the stipulated record regarding the business and financial relationships of petitioner and Crocus during the taxable periods at issue. First, there is a significant omission from the stipulation of facts.14 Unlike the stipulation with respect to foreign trade shows conducted before January 1, 1995, which states that petitioner reimbursed Crocus for its direct expenses and its overhead expenses, the stipulation of facts states that if petitioner must report all of the gross receipts from foreign trade shows conducted after December 31, 1994, petitioner is entitled to deduct “trade show expenses Crocus paid for which it was reimbursed through ECI.” The stipulation of facts does not define “trade show expenses”. Petitioner failed to substantiate that Crocus was reimbursed for its overhead expenses. The stipulation of facts states the amounts of Crocus’s “direct 14If we should hold that petitioner and Crocus were engaged in a joint venture or joint ventures and agreed that net profits should be allocated between them in the same proportion as payments of foreign trade show expenses, the parties have not expressly stipulated that such allocation would have substantial economic effect. This omission is academic, inasmuch as we have concluded that petitioner and Crocus did not engage in a joint venture or joint ventures.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011