- 19 - the increase in petitioner’s annual purchase requirement under the March 9, 2001 supply agreement second amendment, i.e., an increase of $5 million in required annual product purchases over the $16 million in required annual product purchases set forth in the April 16, 1999 supply agreement before its amendment by the March 9, 2001 supply agreement second amendment. (We shall refer to such $5 million increase as the $5 million increase in peti- tioner’s annual purchase requirement.) As a result, petitioner earned under the March 9, 2001 supply agreement second amendment a sales rebate for the annual period ended March 9, 2002, in an amount equal to the annual payment for that period set forth in the March 9, 2001 commercial note, and such rebate offset such annual payment. For the annual period ended March 9, 2003, petitioner did not meet the $5 million increase in petitioner’s annual purchase requirement. As a result, petitioner earned under the March 9, 2001 supply agreement second amendment a sales rebate of $86,573.64 for the annual period ended March 9, 2003, which was $4,929.19 less than the annual payment for that period set forth in the March 9, 2001 commercial note. Such rebate offset $86,573.64 of such annual payment, and petitioner paid the balance of such annual payment (i.e., $4,929.19). On June 13, 2000, petitioner, which used the accrual method of accounting, timely filed Form 1120, U.S. Corporation Income Tax Return (petitioner’s return), for its taxable year endedPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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