secret from APECO's other personnel, dismissing all of APECO's directors besides himself before authorizing the distribution. Petitioners have suggested no reason for the dismissal of APECO's other directors, and it seems that Mr. Kluener felt it necessary to do this in order to preserve his "charade" as to the availability of funds to APECO. That Mr. Kluener did not reveal to APECO's personnel the existence of the funds held in APECO Equine's name, even when the funds were not to be used for any APECO project and the purported reason for secrecy had passed, indicates that APECO's possession of the funds was kept secret because the funds in reality were Mr. Kluener's. Petitioners attempt to blunt the significance of the distribution of the sales proceeds to Mr. Kluener by contending that, at the time when title to the horses was transferred to APECO, there was no intention to distribute the proceeds of their sale to Mr. Kluener and that the subsequent distribution of the proceeds was prompted by circumstances unforeseen at the time that the transfer occurred; namely, the refusal in June 1990 of Fifth Third to renew APECO's loans and the need to make principal payments with respect to Mr. Kluener's personal debts to the bank. We, however, are not persuaded that the distribution of the sales proceeds should be treated as unrelated to the other steps of the transaction in issue or that those steps were "old and cold" at the time the distribution was made. The circumstances noted above strongly suggest to us that the distribution of thePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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