Barry B. Bealor and Nancy L. Bealor, et al. - Page 89

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          controlled the employees.                                                   
               In contrast to the situation of MIT 80, the employee leasing           
          agreement specifically required Machise to make advances of cash            
          to MIT 82.  These cash advances were to be equal to the actual              
          costs of meeting the Machise payroll.  During 1982, Machise made            
          these advances by transferring $2,550,150 into the MIT 82 payroll           
          account so that MIT 82 could cover the payroll costs.                       
               These weekly cash advances took place by means of a transfer           
          from a Machise bank account to the MIT 82 Guarantee Bank payroll            
          account.  The employees and independent contractors were paid               
          from this account with MIT 82 checks signed by either Bucci or              
          Ingemi.12                                                                   
               Payroll taxes were withheld from employees' wages and                  
          remitted to the appropriate State and Federal agencies under MIT            
          82's employer identification number.  The name MIT 82 appeared on           
          New Jersey unemployment compensation documents.  MIT 82 also                
          appeared as the employer on the employment tax returns that were            


          12Although not spelled out in the MIT 82 employee leasing                   
          agreement, Fred testified that the payroll procedure was to be              
          like that in MIT 80, whereby Machise would advance enough money             
          to cover its payroll in the first 6 months.  After July 1, 1982,            
          when the partners' money came in, MIT 82 would pay over enough              
          for the entire year's payroll.  The resulting difference between            
          the $3,075,000 allegedly advanced by MIT 82 to Machise and the              
          $2,550,150 advanced to MIT 82 by Machise resulted in an asset               
          called "Due from MIT 82-Advanced" in the amount of $524,850.                
          (This amount was later increased, probably reflecting the                   
          difference between the amounts transferred to the payroll account           
          and the amount paid from this account.)  In subsequent years,               
          Machise applied alleged payments of compensation fees toward                
          these advances.                                                             



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