- 44 - 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.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011