Menard, Inc. - Page 71

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               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.                    




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