- 44 - earnings connection, the passed-on rebates fail as price adjustments because they are defective patronage dividends, then what of other transaction-specific rebates, refunds, or price adjustments? Are we to conclude that, if a purchasing cooperative has a buy-two-get-one-free sale, offers a loss-leader or a volume discount, or, indeed, sells any good or service for less than some hypothetical normal price, it has paid a defective patronage dividend unless, in some way, it can show that the price reduction is a distribution of net earnings? Indeed, must any merchant offering a rebate, refund, or other price reduction consider whether it is operating on a cooperative basis, distributing defective patronage dividends? We think not. We conclude that a transaction-specific price reduction, such as is encompassed by the term “trade discount”, is not generally determined with respect to the net earnings of the payer, and, for that reason, it is not a patronage dividend (defective or not). 4. Other Factors Respondent argues that petitioner “has virtually no records of the currency incentives used at the food shows. It destroyed most of the relevant records. * * * This fact combined with the use of cash invites suspicion.” While it is true that petitioner discarded most all of the tear strips after the relevant information was entered into its billing and accounting records,Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NextLast modified: November 10, 2007