- 9 - From 1984 until its bankruptcy in 1990, petitioner maintained its principal office in either Carmel or Indianapolis, Indiana. As part of the direct mail fundraising campaign petitioner conducted from 1984 through 1989 pursuant to the Contract, a Washington, D.C., office mailing address was maintained for petitioner. Contributors were directed to send their donations to the Washington, D.C., office mailing address. During 1984 through 1989, about 79.6 million fundraising letters were mailed under the Contract. Of the 79.6 million letters, about 51.8 million were “prospect letters” and 27.8 million were “housefile letters”. The terms “prospect letter” and “housefile letter” are discussed more fully infra. The Contract provided that W&H was to receive as compensation, among other things, mailing fees of $.05 per prospect letter mailed and $.10 per housefile letter mailed. However, the Contract was a “no-risk” contract for petitioner, in that petitioner was liable to pay fundraising expenses only to the extent proceeds were raised. If insufficient proceeds were raised to cover the fundraising expenses, then W&H was liable to pay the excess fundraising expenses. During the term of the Contract, W&H advanced funds to conduct petitioner’s direct mail fundraising campaign and, generally, was paid its fees only after other fundraising expenses had been paid. Under the Contract, petitioner was further guaranteed that, for the first 2 years ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011