- 8 - take to recoup the losses. Instead, Ms. Walsh testified that her advice focused on the future and was directed at how to sell the products and how to recruit others and teach them to sell the products. Ms. Walsh’s advice assumed that sales equal profits without any apparent consideration of the costs associated with realizing such sales. Mrs. Smith testified that she devoted 60 to 80 hours per week to her marketing activities. We find Mrs. Smith’s testimony unconvincing. Mrs. Smith testified that a typical day consisted of: First of all, I plan my day the night before, and then I would get up, review the plan, and I would be –– actually go through, review the plan, the contacts that I needed to make, what I need to do for that day, and that usually began somewhere between seven and eight o’clock. Then I, after reviewing what my plan was for the day, I would then begin to make phone calls and confirm appointments and follow through with things that I had planned out the night before. Then once I made those phone calls, I then would go travel to call on either customers or businesses in order to market the product or return calls to those who had responded to advertising, that type thing. Then in the evenings, a lot of times I would participate in conference calls regarding the business as well, and then that evening, of course, I’d plan my work for the following day. We do not believe that these activities amount to 60 to 80 hours per week of work time, and there is little documentary evidence, such as logs and calendars, to substantiate Mrs. Smith’s testimony in this respect.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007