James S Sparkman - Page 14

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              According to Sparkman’s testimony, HEH did not sell solar               
         energy equipment.  If HEH received customer interest in buying               
         equipment, rather than entering into an energy contract, HEH might           
         refer the customer to “Mercury Solar” or to another retailer.                
         Sparkman testified that HEH buys its equipment from “Mercury                 
         Solar” or from one of two other suppliers.  He testified that HEH            
         would sometimes sell used equipment to “Mercury Solar”.                      
             Attempting to delineate the different roles of HEH and                   
        “Mercury Solar”, Myron Thompson testified:                                    
             Mercury Solar is really just a contractor, it’s a solar                  
             contractor.  It basically was contracted to put solar                    
             panels and hot water heaters in homes and that kind of                   
             thing.  So that’s what our function was.  HEH had                        
             another function of contracting Mercury Solar to do that                 
             for the purposes of selling energy and things like that.                 
             HEH had no employees.  HEH and Mercury Solar PTO shared                  
        common office space.  Mercury Solar PTO did not have its own                  
        specialty contractor license as required by State law; instead, it            
        used Sparkman’s license.                                                      
        Rebate Income                                                                 
             For the tax year 1999, Hawaii Electric Company (HECO) issued             
        to Mercury Solar PTO a Form 1099, Non-Employee Compensation,                  
        reporting payments of $195,275.                                               
        Federal Tax Returns                                                           
             On or around June 20, 2000, Sparkman filed individual Federal            
        income tax returns for the years 1996 through 1999.  On or around             
        March 26, 2001, he filed his 2000 Federal income tax return.                  





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