- 6 - between him and petitioner or the shareholders. Their understanding was based on what they had been told, by Mohney himself and perhaps others, and it was confirmed by his availability 24 hours a day to participate in decisions on any corporate matter of importance that arose. Neither had ever seen documentation of a consulting relationship, and none existed. There is no written consulting agreement between petitioner and Mohney relating to any period between 1985 and 1992. Petitioner has no timesheets, statements or bills detailing the dates, hours, or specific times for which compensation was payable to Mohney. Petitioner did not accrue a liability for consulting fees on its books at the time Mohney rendered services. Beginning in or around 1991, petitioner engaged the services of Deja Vu, Inc. (Deja Vu). This company provides management consulting for nightclubs. At all relevant times its president was Krontz and Mohney was one of its salaried employees. Mohney performed some services for petitioner in this capacity. While it is clear that petitioner paid Deja Vu for its consulting work, it is not clear how much of the work was performed by Mohney or how much Deja Vu was paid for Mohney’s work. Mohney reported wages from Deja Vu of $252,000 in 1990 and $261,000 in 1991. It was Mohney’s original understanding from discussions with Newlands that eventually he would receive 10 percent of petitioner’s gross receipts. Petitioner made no payments to him during 1985 through 1987. In 1988 Mohney caused petitioner toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011