nominally an employee of APECO both before and after the transfer, Mr. Kluener personally had reimbursed APECO for the cost of her compensation and continued to do so after the transfer. Horses of the quality of those transferred by Mr. Kluener are generally sold at open auction, at which the animals offered for sale are displayed and bid upon. It is very unusual for sales to be effected privately. Auctions occur at certain times of the year, including the fall; to be sold at auction, a horse must be registered by a cutoff date so that it may be placed on the auction list. Between August and December 1989, 37 of the horses transferred were sold at auction, realizing net proceeds after deduction of expenses in the amount of $2,177,685, resulting in gain realized in the amount of $1,235,595. Of the remaining horses, two were sold for nominal amounts during early 1990, one died, and one was given away because it was infertile. The sales proceeds were paid to APECO Equine beginning in October 1989. The bulk of the proceeds was paid in two checks, each in the amount of $949,400, that were received on December 21, 1989, and January 11, 1990, respectively, with the remainder being paid over several following months. The proceeds initially were deposited in a checking account in the name of APECO Equine that was maintained at Fifth Third. Only Mr. Kluener and his assistant had signature authority with respect to that account. The sales proceeds were thereafter deposited in a brokeragePage: 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