- 23 - On June 3, 1983, Machise drew a check in the amount of $150,338 to MIT 80. This was the amount by which the "advances" from MIT 80 to Machise had exceeded the total weekly amounts paid in 1980 by Machise, through the MIT 80 payroll account, to the employees and independent contractors. In a memorandum to one of the partners, Bruce described this check as a nontaxable return of an advance. Bruce's memorandum stated that the $150,338 had been distributed to the partners pro rata and used by them to make partial payments on the interest due on their notes payable to Machise. Thus, the amount of Machise’s check circled back to Machise. On June 30, 1984, Fred prepared, and Machise issued to MIT 80, a demand note bearing no interest in the face amount of $285,952.34. This note was a partial payment of the 10-percent late charge on the compensation fee due under the employee leasing agreement. Fred doubted that Machise had enough money to pay the note. It was Fred's intention, however, that the note would be endorsed back to Machise in a circular movement and never presented for payment in cash. On the back of this note was typed: Pay to the order of: Machise Interstate Transportation Co. [Machise] MIT 80 The note also contains the following legend: By this endorsement, MIT 80Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011