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Background
The facts set forth below are based on the stipulation of
facts with attached exhibits, first supplemental stipulation of
facts with attached exhibits, and the affidavits submitted by the
parties.2
Petitioner resided in Chicago, Illinois, at the time the
petition in this case was filed.
Operation of the Businesses
From May of 1978 through December of 1982 petitioner was
president and owner of 100 percent of the stock of Entertainment
& Amusement, Inc., an Illinois corporation (hereinafter referred
to as E & A of Illinois). E & A of Illinois operated a business
known as the Bijou Theatre, located in Chicago, Illinois. The
Bijou Theatre exhibited movies, sold video cassettes, and
beginning in 1981, sold other items in the lobby of a building
located on North Wells Street in Chicago.
On October 1, 1981, a business by the name of Entertainment
& Amusement, Inc. was incorporated in the State of California (E
& A of California). E & A of California changed its name to
2On April 11, 1995, 2 days prior to the hearing on this
motion, respondent filed a response to petitioner's reply to
respondent's objection to petitioner's motion for partial summary
judgment, attaching an affidavit from Special Agent James McGuire
and a transcript of the record of the proceedings in United
States v. Toushin, No. 87 CR 206-1 (N.D. Ill. verdict rendered
October 27, 1988), reversed and remanded 899 F.2d 617 (7th Cir.
1990). We have not found it necessary to rely on the transcript
submitted by respondent in reaching our decision on this motion.
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