- 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
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