Smarthealth, Inc. - Page 11




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          owed, petitioner immediately posted a credit to such customer’s             
          account and treated the overpayment as a liability for financial            
          accounting purposes.                                                        
               While respondent notes that petitioner did not routinely               
          inform its customers of the existence of the customer credit                
          balances, we do not view this factor as decisive.  First, we                
          accept the testimony of Dr. Hamann, petitioner’s president and              
          chief executive officer, that the credit balances tended to be              
          eliminated through their application toward the purchase price of           
          subsequent orders.  Second, we do not believe that petitioner               
          intended for its customers to remain ignorant of the credit                 
          balances.  It was the practice of petitioner’s customer service             
          personnel to inform those customers who placed calls to                     
          petitioner of the existence of any credit balance to their                  
          account.  Furthermore, the sales personnel charged with servicing           
          approximately one-third of petitioner’s customers had an                    
          incentive to inform their customers of any credit balances, as              
          the existence of the credit balance would increase the likelihood           
          of additional sales upon which such personnel collected a                   
          commission.  Third, Dr. Hamann testified that customer                      
          satisfaction is of paramount importance to the financial success            
          of petitioner’s operation, given the limited number of health               
          care professionals in need of the product line offered by                   
          petitioner.  We therefore do not believe petitioner would risk              






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Last modified: May 25, 2011