Comtek Expositions, Inc. - Page 35

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               This Luna factor weighs against the finding of a joint                 
          venture between petitioner and Crocus during the taxable periods            
          at issue.                                                                   
               2.  The Contributions, If Any, Which Each Party Has Made to            
          the Venture                                                                 
               Petitioner and respondent agree that both petitioner and               
          Crocus made significant contributions to foreign trade shows.               
          This Luna factor supports the finding of a joint venture between            
          petitioner and Crocus during the taxable periods at issue.                  
               3.  The Parties’ Control Over Income and Capital and the               
          Right of Each To Make Withdrawals                                           
               Petitioner and Crocus did not have mutual or joint control             
          over capital and income generated by foreign trade shows.                   
          During the taxable periods at issue, petitioner or ECI collected            
          and controlled fees from exhibitors located outside the former              
          Soviet Union, which accounted for 90 percent of all foreign trade           
          show fees, and Crocus collected and controlled fees from                    
          exhibitors located in the former Soviet Union, which accounted              
          for the remaining 10 percent of all foreign trade show fees.                
          Nothing in the record indicates that Crocus had control over or a           
          right to make withdrawals or to receive distributions or payments           
          from the share of receipts collected by petitioner and ECI during           
          the taxable periods at issue.  Crocus is only a party to the                
          royalty agreement between petitioner, Crocus, and ECI with                  
          respect to an offset of a debt.  Nothing in the royalty agreement           






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Last modified: May 25, 2011