Menard, Inc. - Page 27

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          Vehicles” and fuel under “Gas and Oil”.  Only costs directly                
          related to advertising, such as logos placed on the cars, were              
          recorded under “Advertising”.  This method of accounting for the            
          TMI expenses was Menards’s approach to accounting for its own               
          racing expenses prior to TMI’s incorporation.                               
               Menards also owned the racing assets used by TMI and                   
          depreciated them on its books, records, and tax returns.  TMI’s             
          assets consisted only of cash.                                              
                         b.  TMI’s Connection to Menards’s Business                   
               When Menards staged grand openings for new stores, TMI                 
          participated by sending drivers and providing an Indy car for               
          display.  During TYE 1998, Tony Stewart and Robbie Buhl made                
          appearances at openings and signed autographs.  Menards further             
          implemented the racing theme at store openings with a contest in            
          which customers could register to win a mini-Indy car.28                    
               Menards also worked the TMI connection into store                      
          promotional materials, particularly with respect to the annual              
          Race to Savings sale built around the Indy 500 and Memorial Day             
          weekend.  The ads for the Race to Savings sale featured images of           
          TMI’s Indy cars and logo, as did employees’ T-shirts worn for the           
          sale.  Customers could register to win a replica of the Indy 500            
          pace car.                                                                   


               28The mini-Indy car had 3.5 horsepower, a gasoline-powered             
          engine, and retailed at $700 in 1997.                                       




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Last modified: May 25, 2011