Joseph A. and Sari F. Deihl - Page 19

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               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.           





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