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the label of either promotion or marketing and as to which they
commented specifically at trial or on brief. Petitioners claimed
as promotion expenses for KareMor in 1997 payments of $2,000 and
$200 made to Gold’s Gym on June 11 and 17, respectively. A
purchase order and an invoice show that the amounts were paid for
equipment rental, gym rental, and labor in connection with a
“Birthday lift” by Peter Lupus on June 17, 1997. Peter Lupus was
“the strongman off Mission: Impossible” and “a spokesperson for
the company”. Petitioners also offered a photograph of the June
17 event, about which Mr. Deihl testified:
A * * * [The photo] is taken in California at
Gold’s Gym. It is Peter Lupus in a KareMor sponsored
event. He is 65 years of age there. He is lifting a
250,000 pounds in 30 minutes. VitaMist has rented the
gym. Guinness Book of World Records is there. A
weights and measure officer from the state of
California is there to determine the weights and the
lifting and the preciseness of everything. Buddy
Hackett was there. Landau I think his name is from
Mission: Impossible also was there. News events were
there and it was promoted and on the news later that
evening.
Q And I notice you have VitaMist on the
clothing of--gym clothing I suppose of Mr. Lupus?
A Mr. Lupus all his clothing had VitaMist made
into it and attached to it, especially his workout
gear.
The picture shows Mr. Lupus decked in VitaMist garb, and the
Court is satisfied that this event represents a promotional
endeavor. An additional deduction of $2,200 will be permitted.
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