Legal Opinion

Affiliated Foods, Inc. v. Comm'r

United States Tax Court

Decided March 29, 2007No. 12846-04Published

P, a wholesale food purchasing cooperative, holds one or more food shows a year at which member stores and vendors selling to P meet. The vendors offer special show discounts to member stores placing orders with P for the vendors' products at the food shows. The special discount sometimes takes the form of a cash payment from the vendor to the member store based on the quantity of the vendor's products ordered.

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P, a wholesale food purchasing cooperative, holds one or more food shows a year at which member stores and vendors selling to P meet. The vendors offer special show discounts to member stores placing orders with P for the vendors' products at the food shows. The special discount sometimes takes the form of a cash payment from the vendor to the member store based on the quantity of the vendor's products ordered. Vendors not bringing currency to the shows obtain cash for those payments from promotional allowance accounts established by the vendors with P or from checks given to P and cashed by…

1Opinion of the Court

AFFILIATED FOODS, INC., A CORPORATION, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Affiliated Foods, Inc. v. Comm'r

No. 12846-04

United States Tax Court

128 T.C. 62; 2007 U.S. Tax Ct. LEXIS 6; 128 T.C. No. 7;

March 29, 2007, Filed

P, a wholesale food purchasing cooperative, holds one or more food shows a year at which member stores and vendors selling to P meet. The vendors offer special show discounts to member stores placing orders with P for the vendors' products at the food shows. The special discount sometimes takes the form of a cash payment from the vendor to the member store…

2Cases cited28 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Commissioner v. SunnenSupreme Court of the United States · 1948
  4. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  5. Commissioner v. WilcoxSupreme Court of the United States · 1946

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