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There is evidence that Mrs. Smith devoted a fair amount of
personal time to these activities. For instance, Mrs. Smith
introduced the message logs of phone calls she received in
response to advertisements she placed in various newspapers.
Mrs. Smith spent time responding to these telephone inquiries,
including identifying leads that seemed promising and scheduling
meetings with these leads. We do not believe that Mrs. Smith
found considerable pleasure in responding to these telephone
inquiries.
The problem is that while Mrs. Smith spent a fair amount of
time working on her direct marketing activities, we find her
testimony that she devoted 60 to 80 hours per week to these
activities lacking in credibility. When asked at trial to
describe a typical day, she testified in vague terms about
planning, making phone calls, and traveling to meet customers.
We are unconvinced that these activities amount to 60 to 80 hours
of work a week.
Thus, while we find that Mrs. Smith devoted significant time
to her direct marketing activities, any positive inference to be
drawn from this factor is tempered by Mrs. Smith’s lack of
credibility with respect to the number of hours she devoted.
Nevertheless, we find this factor to favor petitioners.
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