Barry B. Bealor and Nancy L. Bealor, et al. - Page 70

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          weekly cash "advances" to the Guarantee Bank payroll account held           
          by MIT 80, although it was not required to do so by the employee            
          leasing agreement.4  These advances were equal to the actual                
          weekly worker service compensation payments to employees and                
          independent contractors.  The advances were reflected on the                
          books of MIT 80 and Machise.  During 1980, Machise paid                     
          $2,243,495.73 into the MIT 80 payroll account so that MIT 80                
          could cover the weekly payroll costs for the employees and                  
          independent contractors.  Hereafter, use of the term “payroll               
          costs” includes amounts paid with respect to, or on behalf of,              
          both employees and independent contractors.                                 
               Bucci and Ingemi retained control of the MIT 80 ledger,                
          although they were not partners in MIT 80.  Either Bucci or                 
          Ingemi signed the MIT 80 checks that paid the employees and                 
          independent contractors from the weekly advances made by Machise.           
          There was also a pension plan in effect for the rank and file               
          employees.  Bucci decided what investments were to be made for              
          the pension plan, and the comptroller of Machise prepared the               


          4Fred testified that there was an "oral agreement" that                     
          Machise would advance to MIT 80 the funds needed to pay Machise's           
          employees and independent contractors for the first 6 months of             
          1980, until MIT 80 obtained funds from its incoming partner-                
          investors.  Thereafter MIT 80 would repay Machise and deposit               
          with Machise the estimated amount needed by MIT 80 to pay the               
          payroll expenses for the second 6 months.  As a result, each                
          week,  Machise would pay into the MIT 80 account the amount                 
          needed to meet the Machise payroll.  At the end of the year, Fred           
          explained, "it was all washed out".                                         





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