- 25 - vendor. A vendor could choose, however, to make an immediate payment of show money to a member store, either in currency or by check. If the vendor chose currency, the currency either had come from petitioner (i.e., petitioner-delivered currency) or was provided by the vendor itself (vendor-provided currency). If payment was of petitioner-delivered currency, respondent’s argument is that the vendor was not using its own money to pay show money: The vendor was using petitioner’s money to pay show money. As respondent sees it, simultaneously with the vendor’s making a payment of petitioner-delivered currency to a member store, the vendor rebated an equal amount to petitioner, which petitioner returned to the vendor under an earlier direction that the vendor pay the amount to the member store on petitioner’s behalf. Respondent justifies such indirection on the ground that petitioner asserted sufficient control over the circumstances surrounding the vendors’ receipts of petitioner-delivered currency that the vendors should be viewed as nothing more than petitioner’s agents engaged to pay to the member stores rebates from moneys (rebates) first received by petitioner. Respondent does not pin down the nature of that control, however, and the fact that respondent does not similarly treat the vendors as petitioner’s agents in the case of vendor-provided currency or checks (hereafter, without distinction, vendor-provided currency)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: November 10, 2007