Comtek Expositions, Inc. - Page 42

                                       - 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 former              




Page:  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