- 36 - advanced $3,075,000 to Machise. Fred explained that the parties had orally agreed to increase the amount that the partners could invest. Other than journal entries, however, there are no documents showing that this amount was ever paid. Illustration No. 2, infra p. 42, depicts the purported transactions and flows of funds of MIT 82. Operation of MIT 82 The employees and independent contractors were the same employees and independent contractors who provided their services to Machise before the employee leasing agreement was made. The employees and independent contractors were not consulted about the employee leasing agreement. They did not submit formal employment applications to MIT 82, nor did they explicitly consent to the execution of the employee leasing agreement. MIT 82 provided no work space or tools or equipment to the workers after the execution of the leasing agreement. In contrast to the situation of MIT 80, MIT 82, Intercoastal, and Machise entered into a management contract dated January 1, 1982. This agreement, prepared by Fred, provided that Intercoastal would manage Machise on behalf of MIT 82 for the period January 1 to December 31, 1982. The compensation to be paid by MIT 82 was to be the amount of Intercoastal's costs, plus a "supplemental management fee" to be determined by Machise's board of directors. Following the execution of this agreement, Bucci and Ingemi still directed andPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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