Menard, Inc. - Page 69

                                       - 66 -                                         
          Co. v. Commissioner, 8 T.C. 1297 (1947), affd. 168 F.2d 71 (2d              
          Cir. 1948).                                                                 
               A.  Responsibility for the TMI Expenses–-The Alleged Oral              
               Sponsorship Agreement                                                  
                    1.  The Parties’ Positions                                        
               Petitioners contend that, since TMI’s formation in 1992,               
          Menards and TMI have had an oral agreement that Menards would               
          sponsor TMI’s Indy cars.  In lieu of a formal sponsorship fee,              
          petitioners explain, Menards agreed to pay the TMI expenses in              
          exchange for the “full benefits of a founding sponsor.”54  In               
          contrast, respondent contends that there was no oral sponsorship            
          agreement.                                                                  
                    2.  Terms of the Alleged Oral Sponsorship Agreement               
               At trial, Mr. Menard testified that when TMI was formed in             
          1992, Menards made an oral agreement with TMI to pay some of                
          TMI’s racing expenses in exchange for “all the benefits of the              
          sponsorship”.  As Mr. Menard understood the term “benefits”, TMI            


               54Petitioners describe the “full benefits” of a “founding              
          sponsor” to include the following:                                          
               significant, prominent name identification on the race                 
               cars, team uniforms, transporters, race car                            
               transporters, pit walls and all publicity and                          
               promotional materials developed by the team and the                    
               IRL[;] hospitality at the races for * * * [Menards’s]                  
               suppliers, customers, and guests[;] naming rights for                  
               the entries[;] tickets[;] access to viewing suites[;]                  
               parking privileges[;] name and likeness grants[;] as                   
               well as personal appearances of the TMI drivers.                       





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