Affiliated Foods, Inc., A Corporation - Page 29




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         unpersuasive:  We do not see a sufficient difference between                 
         petitioner’s control over petitioner-delivered and vendor-                   
         provided currency that they should be treated differently, yet               
         that is what respondent has done.  Nevertheless, we are mindful              
         that in affirming our prior treatment of show money in Affiliated            
         Foods, Inc. v. Commissioner, 154 F.3d at 533, the Court of                   
         Appeals remarked that, by negotiating the terms of show money                
         payments, petitioner provided for the direct payment of moneys               
         from vendors to member stores that otherwise would have accrued              
         to petitioner as earnings.  Even were we to ignore respondent’s              
         failure to treat petitioner-delivered and vendor-provided                    
         currency equivalently, however, and to credit petitioner with                
         control over petitioner-delivered currency, we believe that                  
         petitioner prevails for the reasons stated below.                            
                   2.  Rebates                                                        
              Both petitioner and the member stores are merchants.  A                 
         merchant computes its gross income from sales during a year by               
         subtracting from its revenue from sales the cost of the goods                
         sold.  See sec. 1.61-3(a), Income Tax Regs.  A purchase price                
         adjustment or a price rebate that a taxpayer receives with                   
         respect to goods that it has purchased for resale is not, itself,            
         an item of gross income but, instead, is treated as a reduction              
         in the cost of the goods sold.  See, e.g., Dixie Dairies Corp. v.            
         Commissioner, 74 T.C. 476, 492 (1980).                                       







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