Joseph A. and Sari F. Deihl - Page 52

                                       - 52 -                                         
               An additional problem was highlighted in the testimony,                
          which problem applies to the Rolex watches as well as to the                
          other alleged incentive awards.  To wit, the record leaves                  
          substantial uncertainty surrounding the issuance of Forms 1099,             
          Miscellaneous Income, to the distributors.  Mr. Deihl on several            
          occasions made statements to the effect that:  “everybody in the            
          company received a 1099 that would have included any cash or                
          Rolexes or any other prizes that they won to my knowledge”, along           
          with “all their commissions and everything else they’ve earned.”            
               On this point, the Court observes that petitioners’ entities           
          claimed substantial deductions under the category “commissions”,            
          separate and apart from the deductions in dispute in these                  
          proceedings.  No attempt has been made to elucidate us as to how            
          the commission deductions were computed vis-a-vis the amounts               
          assertedly reported on Forms 1099 and the amounts claimed for the           
          various incentive awards under training, meetings, and/or                   
          conventions, under promotion, or under suspense.  As a result,              
          the record is ambiguous as to how the amounts deducted as                   
          commissions were determined and whether there exists any                    
          potential for a double deduction if additional amounts were to be           
          allowed for incentive awards.  For all of the reasons discussed             
          above, the state of the record renders it inappropriate to permit           
          any further deduction for the motivational giveaways.                       







Page:  Previous  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  Next

Last modified: May 25, 2011