- 42 - This Luna factor weighs against the finding of a joint venture between petitioner and Crocus during the taxable periods at issue. 7. Whether Separate Books of Account Were Maintained for the Venture There is no evidence that separate books of account were maintained for a joint venture between petitioner and Crocus. Receipts, expenses, and other items with respect to foreign trade shows during the taxable periods at issue are recorded in petitioner’s trial balances. However, the trial balances provide no indication that profits or losses were split between petitioner and Crocus. The record contains no corresponding trial balances for Crocus. This Luna factor weighs against the finding of a joint venture between petitioner and Crocus during the taxable periods at issue. 8. Whether the Parties Exercised Mutual Control Over and Assumed Mutual Responsibilities for the Enterprise Each party was responsible for paying its trade show expenses. Crocus was reimbursed for all its direct expenses by ECI. While both parties assumed mutual responsibilities for conducting the trade shows, there is no evidence Crocus had any control over the 90 percent of trade show receipts collected by petitioner and ECI. Under the contracts with Expocentr, petitioner was solely responsible for payments of rent for leasing pavilions. If an exhibitor located outside the formerPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011