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Fox earned a percentage of the worldwide sales of Oxyfresh. In
the years in issue, Mr. Fox owned 250,000 of 53 million shares
that Oxyfresh had issued.
In the years in issue, Mr. Fox had a contract with Oxyfresh,
a copy of which is not in the record, entitling him or Prindle to
receive payments from Oxyfresh if he performed in accordance with
the contract. Mr. Fox agreed that he would not sell for Oxyfresh
competitors or falsely advertise Oxyfresh products.
At a time not stated in the record, Mr. Fox stopped
receiving a percentage of Oxyfresh sales that were made through
the efforts of other Oxyfresh distributors. However, Oxyfresh
created another position for which Mr. Fox qualified, and Mr. Fox
again received a percentage of the worldwide sales of Oxyfresh.
From 1983 to 1991, Oxyfresh issued Forms 1099 to Mr. Fox.
Mr. Fox reported his income from Oxyfresh on a Schedule C, Profit
or Loss from Business. In 1992, Oxyfresh paid between $15,000
and $18,000 per month for Mr. Fox's services.
C. Prindle International Marketing
Around 1985, Mr. Fox asked Mrs. Fox's uncle, Dan Giboney
(Giboney), an attorney, about different forms in which to conduct
his Oxyfresh business, including a living trust, C or S
corporation, or partnership. Mr. Fox also spoke to an attorney
(not named in the record) who specialized in trusts and Mike Dunn
(Dunn), Mr. Fox's accountant, about forms in which to conduct the
Oxyfresh business. They told him that he could conduct his
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