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take to recoup the losses. Instead, Ms. Walsh testified that her
advice focused on the future and was directed at how to sell the
products and how to recruit others and teach them to sell the
products. Ms. Walsh’s advice assumed that sales equal profits
without any apparent consideration of the costs associated with
realizing such sales.
Mrs. Smith testified that she devoted 60 to 80 hours per
week to her marketing activities. We find Mrs. Smith’s testimony
unconvincing. Mrs. Smith testified that a typical day consisted
of:
First of all, I plan my day the night before, and then
I would get up, review the plan, and I would be ––
actually go through, review the plan, the contacts that
I needed to make, what I need to do for that day, and
that usually began somewhere between seven and eight
o’clock. Then I, after reviewing what my plan was for
the day, I would then begin to make phone calls and
confirm appointments and follow through with things
that I had planned out the night before.
Then once I made those phone calls, I then would
go travel to call on either customers or businesses in
order to market the product or return calls to those
who had responded to advertising, that type thing.
Then in the evenings, a lot of times I would
participate in conference calls regarding the business
as well, and then that evening, of course, I’d plan my
work for the following day.
We do not believe that these activities amount to 60 to 80 hours
per week of work time, and there is little documentary evidence,
such as logs and calendars, to substantiate Mrs. Smith’s
testimony in this respect.
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Last modified: November 10, 2007