Comtek Expositions, Inc. - Page 44

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          evidence Crocus shared in the 25 percent of gross receipts                  
          allocated to and reported by petitioner under the royalty                   
          agreement.  It was petitioner who conducted the trade show                  
          business in the United States, Russia, and elsewhere in Europe.             
          Crocus’s role was limited to assisting with the logistics of                
          setting up and conducting the trade shows in the former Soviet              
          Union and obtaining a few Russian exhibitors for those shows.               
               Although the “parties agree that no adverse inference should           
          be drawn against either of them based on the ECI [royalty]                  
          agreement,” the parties have neither filled nor illuminated the             
          “black hole” that results from their removal of the royalty                 
          agreement and ECI from the picture.  The removal of the royalty             
          agreement and ECI does not uncover a subsisting joint venture or            
          series of joint ventures between petitioner and Crocus.                     
               We hold there was no joint venture between petitioner and              
          Crocus to operate foreign trade shows during the taxable periods            
          at issue.                                                                   
          Issue 2.  In the Alternative, Whether and in What Amounts                   
          Petitioner Is Entitled to Additional Business Expense Deductions            
          for the Taxable Periods at Issue, for Amounts Paid or Payable to            
          Crocus as Compensation for Its Services in Operating the Foreign            
          Trade Shows                                                                 
               Petitioner argues in the alternative that we should find               
          that Crocus was entitled to a markup on its direct expenses as              
          compensation for its services in operating the foreign trade                
          shows.  Petitioner claims a compensation deduction under section            
          162(a)(1) for amounts paid or payable to Crocus as a markup.                




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