Menard, Inc. - Page 70

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          was required to do “whatever was necessary” for Menards’s                   
          business, such as sending drivers to appear at grand openings of            
          Menards stores.  Menards did not specify a particular amount of             
          TMI’s expenses that Menards would pay, Mr. Menard testified, but,           
          instead, agreed to cover a certain “group of expenses” in the               
          “amount necessary to get the job done.”  Mr. Menard explained               
          that he had “a pretty good idea what it was going to cost.”                 
                    3.  Analysis                                                      
               As respondent has pointed out, the alleged oral sponsorship            
          agreement between Menards and TMI is essentially an oral                    
          agreement that Mr. Menard made with himself as president of both            
          companies.  Considering the vagueness of Mr. Menard’s description           
          of the alleged agreement’s terms, his testimony lacks                       
          credibility.  Two Menards executives, L. Menard and Mr. Norquist,           
          and Menards’s outside accountant, Mr. Stienessen, testified to              
          having knowledge of a sponsorship agreement between Menards and             
          TMI.  We conclude, however, that the probative value of their               
          brief and somewhat self-interested testimony55 on the matter is             
          outweighed by the rest of the evidence.56                                   


               55The annual compensation, including annual bonuses, of Mr.            
          L. Menard and Mr. Norquist was fixed by Mr. Menard, and Mr.                 
          Stienessen, the preparer of Menards’s returns, depended upon Mr.            
          Menard for ongoing business.                                                
               56We need not accept at face value a witness’s testimony               
          that is self-interested or otherwise questionable.  See Archer v.           
          Commissioner, 227 F.2d 270, 273 (5th Cir. 1955), affg. a                    
                                                             (continued...)           




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