Affiliated Foods, Inc., A Corporation - Page 9




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          merchandise from the vendor, if necessary, and filled the order             
          on the date requested by the member store.  Petitioner invoiced             
          the member store for the shipment, reflecting on the invoice                
          credit for the appropriate amount of show money if, and only if,            
          that amount had not already been paid by the vendor to the member           
          store.                                                                      
               A member store had discretion not to receive show money in             
          currency or by check from a vendor who had elected to offer show            
          money that way.  A member store had no discretion, however, to              
          demand a payment from a vendor if the vendor had elected the off-           
          invoice method of offering show money.                                      
          Petitioner’s Profit on Sales to Member Stores                               
               Petitioner profits on sales to member stores by marking up             
          the prices it charges member stores from the prices it pays                 
          vendors.  Except with respect to off-invoice discounts resulting            
          from show money offered at the food shows, petitioner applies its           
          customary markup to the price it charges a member store; i.e.,              
          the markup is applied to the vendor’s list price less the usual             
          discount obtained by petitioner.  With respect to show money,               
          petitioner applies any off-invoice discount only after adding its           
          own markup.  Thus, petitioner calculates that its margin (the               
          difference between the cost and selling price) and its markup on            
          food show orders are the same if a member store receives show               








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Last modified: November 10, 2007