in the name of APECO Equine. Petitioners attempt to explain this by claiming that their use was unnecessary because APECO was breaking even with respect to its cash-flow for the year ending June 30, 1990. Petitioners' explanation, however, does not account for the fact that during that year, APECO received a loan of $1,500,000 from Fifth Third, and Mr. Kluener advanced substantial amounts to APECO to finance its operations using funds from his agency account. Moreover, APECO's financial condition during that year was tenuous. Its audited financial statement for its year ending June 30, 1990, stated that APECO might not be able to continue as a going concern in view of its losses, and APECO's balance sheet as of that date reflected negative shareholder's equity of $2,308,869. Additionally, the secrecy surrounding APECO's involvement in the sale of the horses casts doubt upon whether the horses were transferred to APECO for a legitimate business purpose. The titling of the horses in the name of APECO, their sale in its name, and the receipt and possession of the sales proceeds were not reflected in APECO's financial records until APECO's audited financial statements for its year ending June 30, 1990, were prepared, which occurred after the proceeds had been distributed to Mr. Kluener. Mr. Stock, APECO's president, was unaware of APECO Equine's existence, and Mr. Kluener made every effort to ensure that APECO's other personnel did not learn of APECO's involvement in the sale of the horses or of the funds held in APECO Equine's name.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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