- 68 - Several factors contradict petitioners’ assertion that Menards and TMI made an oral sponsorship agreement pursuant to which Menards would pay certain TMI expenses in exchange for sponsorship benefits. First, TMI did not report on its tax return or record in its books and records any sponsorship income from Menards, with the possible exception of $45,000 for TYE 1998. Second, TMI reported income from its other sponsors on both its tax return and sponsorship income reports. Third, instead of creating separate accounts in its books and records identifying the TMI expenses as sponsorship fees or advertising expenses, Menards commingled the payments made on TMI’s behalf with Menards’s other business expenses. Fourth, the only explanation provided for Menards’s accounting method was that Menards “had historically done that * * * and * * * [Menards] continued that practice of what * * * [it] had done in the past.” Fifth, when Menards deducted the TMI expenses on its tax returns, Menards did not identify the deductions as sponsorship fees or advertising expenses. 4. Conclusion The record contains no credible evidence of an oral sponsorship agreement between Menards and TMI. Moreover, the 56(...continued) Memorandum Opinion of this Court dated Feb. 18, 1954; Weiss v. Commissioner, 221 F.2d 152, 156 (8th Cir. 1955), affg. T.C. Memo. 1954-51; Schroeder v. Commissioner, T.C. Memo. 1986-467.Page: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Next
Last modified: May 25, 2011