- 120 - On February 26, 1983, the New Jersey Department of Labor pointed out another mistake. It wrote to "William Bryen and Bruce Bryen, t/a MIT 83", advising that Machise, not MIT 83, was listed as the insured on the Standard Workmen's Compensation and Employer's Liability Insurance policy for the period July 1, 1983, through July 1, 1984. Moreover, the $2,148,764 asserted to be owing by Machise to MIT 83 in the Termination Agreement is an error; the amount that should have appeared in the termination agreement was $2,135,260. After the 1985 payroll costs were paid, MIT 85 billed Machise for 120 percent of the their total amount, as the "compensation fee." It should have billed MPC. With respect to MIT 86, Fred prepared a note in payment of the compensation fee. The amount of $585,511 appearing on the note was incorrect and should have been $588,511. The transaction was recorded on the books of MIT 86 and MPC in the amount of $588,511. Finally, with respect to W & A, the employee leasing agreement required W & A to deposit $3 million with BBPA. The $3 million figure was wrong; it should have been $4 million as the entire capitalization of W & A. Additionally, Fred terminated the existence of W & A itself as a "mutual mistake", when he realized that his interpretation of section 469 had been ill- founded. The significance of petitioners' failure to adhere to theirPage: Previous 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Next
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