- 27 - almost exclusively of rebate and incentive payments from B&H and lease reimbursements from Hudiburg Chevrolet that properly belonged to Flair Enterprises. No payments were made from Flair Enterprises to Flair Racing for advertising or marketing services. Flair Racing performed no services, engaged in no sales during the years in issue, and earned no income in those years. Petitioners argue that the B&H payments to Flair Racing, which B&H owed to Flair Enterprises under the terms of their supply contract, were racing sponsorships and were properly allocated to Flair Racing. Inconsistent testimony of petitioner and B&H’s representatives regarding this issue was presented at trial. One of B&H’s representatives denied to the auditing agent that the payments were for a sponsorship. It appears that he succumbed to pressure from his sales manager and his customer, Flair Enterprises, because he later testified at trial that the payments to Flair Racing did amount to a racing sponsorship. Another B&H representative testified that B&H would not permit petitioner to display B&H decals on their vehicles because B&H could not afford to sponsor their many customers’ other race cars. Thus, B&H received no advertising or marketing benefits from its alleged sponsorship of the Legends race cars, which benefits are the essence of sponsorship. See Gill v. Commissioner, T.C. Memo. 1994-92, affd. without published opinionPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 NextLast modified: November 10, 2007