- 24 - Although vendors designated a number of advertising activities that petitioner could engage in to make withdrawals from the promotional accounts, petitioner could elect which of those activities to conduct. This fact, coupled with the fact that petitioner rarely, if ever, made refunds of promotional account funds, enabled petitioner to perform only those advertising activities that were profitable. Petitioner could pass on an unfavorable advertising offer and still earn the funds allocated to the promotional accounts on a future date. Essentially, petitioner could carry a balance in a promotional account until it wanted to perform a proposed advertising activity. The majority of the funds withdrawn from the promotional accounts were treated as art and printing department and advertising department revenue. Petitioner was not merely a conduit with respect to these funds; these funds were substantial revenue for a large scale advertising activity.8 Petitioner received these payments for materials and services rendered. Petitioner advertised for the vendors, and it was paid for this work. Consequently, these amounts are earnings to petitioner, 8 Petitioner's art and printing department alone had a staff of 24 professional artists and printers. This department had expenditures of almost $2 million a year for 1989 and 1990. Furthermore, petitioner's advertising department had expenditures of over $1 million a year for both 1989 and 1990.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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