- 19 - going on at the house, the hoopla, the hype, the conventions, the costumes, the whole flavor of what this gentlemen has created with KareMor. And that can be illustrated by photos which we’ll move to next, but the photos don’t show the excitement in the air like a video does. Initially, Mr. Deihl testified that only recordings from 1996, 1997, and 1998 were used in creating the videotape. However, after similar assertions with respect to the years depicted in various photographs were shown on voir dire to be unreliable, counsel reproffered the videotape on the more general basis of showing how KareMor operated over “the time frame of ’93 through early ’99.” On this basis, the Court is not convinced that the videotape would make any fact of consequence to the resolution of these cases more probable. The record is already replete with generalized evidence attesting to how petitioners ran a successful multilevel marketing enterprise, complete with hype, pageantry, and prizes, as well as a glamorous residence and wardrobe to fit the part. The Court, as demonstrated in our findings of fact, does not doubt that petitioners’ business model successfully used these strategies to instill enthusiasm in the distributors. Nonetheless, facts of consequence to the outcome of this proceeding are those which would establish that petitioners have met the substantiation and other requisites for the deduction of each of the particular expenditures made in 1996, 1997, and 1998.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011