Frank Petar Contracting, Inc. - Page 8

                                        - 8 -                                         

               Although petitioner’s cash-flow concerns may explain why the           
          bonus was not paid in cash during FYE 5/31/90, they do not                  
          explain why petitioner allegedly took the unprecedented step of             
          issuing a note to Mr. Petar evidencing the deferred payment                 
          obligation.  In the following colloquy with the Court and Mr.               
          Cunniff, who was seated in the courtroom during Mr. Petar’s                 
          testimony, Mr. Petar was given another opportunity to address               
          this crucial issue:                                                         
               The Court:  Okay.  Is there anything else that I ought                 
               to be aware of that you want to tell me?                               
               Mr. Cunniff:  Why the note was made out in the first                   
               place, Frank.                                                          
               The Witness:  We made the note out for different other                 
               reasons, you know.  We needed some performance bonds                   
               for the -- you know, for the bank and things like that.                
               Mr. Cunniff:  The reason it ended up being made out was                
               because we showed on your personal return, your                        
               personal financial statement, $100,000 owed to you and                 
               they wanted to know why that was so you could go                       
               through the bonding company, so that’s why -- that is                  
               actually the reason why we made the note up.  We didn’t                
               make it up for this thing at all.  It happened to come                 
               out all right.                                                         
               The Court:  Anything else?                                             
               Mr. Cunniff:  Go ahead, tell him that.                                 
               The Witness:  I think that is all, Your Honor, I have.                 

               In his own testimony, Mr. Cunniff elaborated on the account            
          he had tried to elicit from Mr. Petar by means of his prompting             
          from the audience.  According to Mr. Cunniff, the Note was not              
          issued before the close of FYE 5/31/90 for the purpose of                   



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011