Barry B. Bealor and Nancy L. Bealor, et al. - Page 13

                                       - 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 the             




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