Affiliated Foods, Inc., A Corporation - Page 46




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         the orders placed by the member stores at the food shows.  They              
         reduce petitioner’s gross receipts and are not defective                     
         patronage dividends.12                                                       
              C.  Conclusion                                                          
              For the audit years, petitioner had no items of gross income            
         on account of petitioner-delivered currency paid by vendors to               
         member stores as show money.                                                 
         IV.  Conclusion                                                              
              In the light of the foregoing,                                          
                                                 Decision will be entered             
                                            for petitioner.                           













               12  Our conclusion is, of course, based on the assumption              
          that the petitioner-delivered currency paid to member stores                
          flowed through petitioner, as passed-on rebates, in the manner              
          described supra in sec. III.B.1 of this report.  We do not decide           
          that manufacturers’ rebates paid directly to retail customers are           
          necessarily deemed to pass through the retailer.  Such a rebate             
          was addressed by the Commissioner in Rev. Rul. 76-96, 1976-1 C.B.           
          23, suspended in part by Rev. Rul. 2005-28, 2005-1 C.B. 997,                
          which describes an automobile manufacturer’s rebate paid directly           
          to qualifying retail customers and gives no indication that the             
          rebate was considered to have flowed through the retailer.                  






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