Menard, Inc. - Page 76

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          appeal as a form of effective advertising.  Even though Mr.                 
          Menard had a personal interest in racing, any personal enjoyment            
          that he gained from Menards’s involvement in motor sports was               
          incidental to the benefits Menards’s business received through              
          its relationship with TMI.                                                  
               Long before TMI’s incorporation, Menards used motor sports             
          as a way to publicize its business and continued that practice              
          after TMI’s creation.  Mr. Menard testified that Menards’s intent           
          behind the TMI payments was to have the same racing benefits as             
          it did prior to TMI’s incorporation, acquire national and                   
          international publicity through TMI’s notoriety, and promote                
          Menards’s products.  When Mr. Menard formed TMI and named it                
          “Team Menard”, he indelibly associated the Menards stores with              
          the Indy racing team.                                                       
               After carefully considering the evidence, we conclude that             
          to the extent we hold, infra, that the TMI expenses were                    
          reasonable in amount, Menards’s primary motive for paying the TMI           
          expenses was to promote Menards’s business.  Menards received               
          broad advertising exposure from its involvement with TMI.  The              
          races provided opportunities for Mr. Menard and other Menards               
          executives to network with vendors and create and maintain                  
          goodwill with customers.  Moreover, had Menards not been                    
          concerned about potential liability in the event of a racing                








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