- 102 - Nor can petitioners derive comfort from correspondence between officials of the New Jersey Department of Labor and the partnerships concerning their liabilities for employment taxes. The New Jersey Department of Labor subsequently canceled the unemployment tax accounts of the partnerships. The Department transferred credits for the funds that had been ostensibly paid by the partnerships from the partnerships' accounts to the Machise account with the Department. The Department did so because it ultimately determined that Machise was the party liable for unemployment tax contributions. Its ultimate determination, once it caught on to the charade, strengthens our conclusion that the partnerships were not the employers, and exposes the lack of significance of the earlier correspondence. Petitioners have also failed to show that there was any substance in the inclusion of the partnerships' names, as "participants", on some of the employees' pension plan documents. The plan documents reveal that the employees' pension plan existed long before the partnerships were formed. Even after the partnerships were formed, Bucci and Ingemi provided Machise's money to fund the pension payments, as they had done for the other payroll costs. Bucci, and not the partnerships, decided where the pension deposits would be invested, and Machise’s controller prepared the quarterly financial statements for the plan. Petitioners have not shown that the partnerships performed any meaningful role with respect to the pension payments or thePage: Previous 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Next
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