- 45 - petitioner had sufficient information to compute its margin on each sale. There also is a stipulation as to the net amount of petitioner-delivered currency retained by the vendors. There is no evidence confirming the actual payments of petitioner- delivered currency by vendors to member stores, but the deemed fact of those payments underlies respondent’s adjustments. While cash payments to member stores might invite abuse by the member stores, there is no evidence of any such abuse here, and, to the extent that payments were actually made by the vendors to member stores, we assume that the vendors had adequate motivation to keep adequate records of those payments. In short, whatever shortcomings exist in petitioner’s records, respondent has failed to convince us that those shortcomings justify denying petitioner a reduction in the amount of its gross receipts from sales to member stores on account of deemed rebates that respondent would charge against petitioner’s costs of goods sold and would treat as having been passed on as price reductions to the member stores. 5. Conclusion The deemed rebates that respondent charges petitioner with making are (if they are to be charged to petitioner) properly characterized as trade discounts. They were not paid with reference to petitioner’s net earnings but merely passed along price adjustments that petitioner was entitled to on account ofPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NextLast modified: November 10, 2007