Lee F. Haney, Sr., and Jean C. Haney, a.k.a. Jeanie Haney - Page 27




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          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 opinion           







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