Affiliated Foods, Inc., A Corporation - Page 31




                                       - 31 -                                         
         goods sold and the gross receipt from the sale, and respondent               
         has not challenged that treatment.                                           
              While he has misunderstood how petitioner accounted for the             
         off-invoice discounts, we assume that respondent would agree                 
         that, as between petitioner and the vendors, any off-invoice                 
         discounts or deemed rebates were trade discounts, which reduced              
         the cost to petitioner of merchandise purchased from the vendors.            
         See sec. 1.471-3(b), Income Tax Regs. (cost of merchandise                   
         purchased during taxable year is invoice price less “trade” and              
         certain other discounts); Rev. Rul. 84-41, 1984-1 C.B. 130, 130              
         (“Trade discounts represent adjustments to the purchase price                
         granted by a vendor.”).  Putting aside for the moment                        
         petitioner’s status as a cooperative corporation, it is difficult            
         to see why the rebates that respondent deems petitioner received             
         from vendors and passed on without alteration to member stores on            
         sales made to those stores should not also be deemed to reduce               
         petitioner’s receipts from those sales.  We have found that the              
         special show discounts were based on the quantity of merchandise             
         member stores ordered from petitioner at the food shows.  The                
         discounts were an inducement to greater sales.  If petitioner is             
         deemed to have paid any show money, its purpose was to increase              
         sales (and profits9) by reducing prices.  Those deemed payments,             


               9  Petitioner ignored special show discounts in applying its           
          markup to food show sales.  See supra note 3.                               






Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next 

Last modified: November 10, 2007