- 11 - satisfied that the lack of current customer addresses would have represented a "clear proximate danger" to petitioner's business. Petitioner has also satisfied us that its "ultimate purpose" in paying the expenses in question was to "protect or promote" its delivery service from the United States to Guatemala, rather than to benefit the Guatemalan companies. Although the disputed expenses related to the deliveries of packages from Guatemala to the United States which was the business of the Guatemalan companies, petitioner derived a substantial benefit not otherwise available through the insertion of advertisements and other materials of its business into the envelopes originating from Guatemala. The "stuffing" of these materials had a direct nexus with petitioner's U.S.-Guatemala delivery business--the materials provided targeted potential customers with instructions on sending envelopes and small packages from the United States to Guatemala. A large percentage of petitioner's revenues for the year in issue came as a result of the flow of envelopes originating in Guatemala. It cannot be overemphasized that the promotional and marketing process was the centerpiece of petitioner's business. Thus, we conclude that there was a direct nexus between the payment of the expenses in dispute and petitioner's outbound delivery business. In applying the second prong of the Lohrke test, we are satisfied that the expenses in dispute were appropriate in promoting petitioner's business. Petitioner did not specifically deduct "inbound expenses"--the expenses in dispute. Rather,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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