- 11 - 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 riskPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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