We note that, at a January 16, 1990, board meeting, Mr. Kluener estimated that between $1,500,000 and $2,500,000 would be required to bring APECO's new product lines to market. He also stated that there did not appear to be any place the corporation could obtain such a quantity of capital, and he solicited suggestions for sources of capital from the board. Mr. Kluener made the foregoing statements even though he was aware that the proceeds of the horse sales were being paid to APECO Equine. Mr. Hathaway admitted at trial that, in making those statements, Mr. Kluener was engaging in a "charade". Although petitioners claim that Mr. Kluener did so in order to maintain the fiscal discipline of APECO's personnel, Mr. Kluener's misrepresentation to the board indicates to us that the proceeds of the horse sales were not intended for use by APECO. Petitioners contend that Mr. Kluener intended the secrecy to keep APECO's personnel focused on the development of the Planatronic because they would have attempted to use the money for other projects had they known of it. Mr. Kluener, however, was an experienced businessman, the sole shareholder of APECO, its chief executive officer, and a director. According to Mr. Stock, Mr. Kluener attended meetings of APECO personnel and designated the products to be developed. Moreover, APECO's personnel were working on a variety of projects, with Mr. Kluener's apparent approval, during the time that the Planatronic was being developed, and the minutes of meetings of APECO's board during 1989 and 1990 do not indicate that the corporation'sPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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