- 53 - The final type of giveaway addressed by the parties was separately discussed on brief and appears to have been given principally for purposes other than motivation. Concerning the Boss Day Planners, Mr. Deihl testified: “As a new distributor came on board he received a day planner which also contained all the policies and procedures of KareMor and the code of ethics that they were to follow and what was dismissible and where we could terminate even the independent distributor for immoral acts or things of that nature.” The record contains copies of checks payable to Boss Day Planners, all dated 1999, which total $136,444.35. Petitioners, through KareMor, claimed $113,544.35 of this expenditure as a deduction for marketing in 1998. On brief, respondent concedes that a valid business purpose supported the outlay to Boss Planners but maintains that the charges were contested in 1998 and not paid until 1999. Referencing the checks just described, respondent states: “each check is dated after April 14, 1999, the date of settlement of the dispute between Petitioners and Boss Day Planners.” Petitioners’ response to this argument, consisting in its entirety of two sentences, is as follows: “As to the Boss Planners marketing expense, Respondent recognizes (opening brief, p.66) that the payments were made but not until after April 14, 1999. However, 1999 is a closed year and thus, the deduction should be permitted for 1998.”Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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