United States Ninth Circuit
Westpac Pac. Food v. Comm'r of Internal Revenue, 02-71041
Cash advances in exchange for volume purchase commitments, subject to pro rata repayment if the volume commitments are not met, are not income when received for purposes of tax treatment. "Advance trade discounts" in the grocery trade, do not constitute "gross income" when received for tax purposes.
Appellate Information
- Decided 06/21/2006
- Published 06/21/2006
Judges
- KLEINFELD, Circuit Judge., Before JAMES L. OAKES,KLEINFELD, and CALLAHAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Thomas F. Carlucci, Foley & Lardner, LLP, San Francisco, CA, for the appellants.
- For Appellees:
- Audrea R. Tebbets, Department of Justice, Tax Division, Washington, D.C., for the appellee.