Ownership of the enterprise may be vested in an individual petroleum
jobber, or a partnership, or a corporation, so long as such ownership is
not shared by a major oil company, or other producer, refiner,
distributor or supplier of petroleum products, so as to affect the
independent ownership of the enterprise. As noted in Sec. 794.114, an
enterprise will not be considered independently owned where it does not
own its own office, bulk storage, and delivery facilities. The
enterprise may also not be considered ``independently owned'' where it
does not own its stock-in-trade. (See Wirtz v. Lunsford, 404 F.2d 693
(C.A. 6).) It is recognized that, in the ordinary course of business
dealings, an independently owned enterprise may purchase its goods on
credit and this, of course, will not affect its characterization as
being ``independently owned'' within the meaning of the exemption.
However, there may well be a question as to whether the enterprise is
``independently owned'' where the enterprise receives its petroleum
products on consignment and the supplier lays claim to the ownership of
the account receivable. Of possible relevance also is the intent evident
in the statutory language to provide exemption only for an enterprise
which can meet the specified tests which depend on ``the sales of such
enterprise.'' The determination in such cases, as in other cases
involving questions of independent ownership, will necessarily depend on
all the facts.
