- 92 - B. Royal Catering A. Gelabert was the 100-percent owner of RC. RC was a 5-percent owner in MANV/MDT. RC’s 1987 management agreement with MDT, which called for RC to receive 5 percent of MDT's gross profits, was the vehicle through which A. Gelabert was to receive his 5-percent ownership interest in MDT. It is undisputed that A. Gelabert provided valuable services to the Medieval Times operation. Petitioners state on brief that A. Gelabert “was compensated primarily through the management fees paid to Royal Catering, which he owned.” Pursuant to the RC/MDT management agreement, MDT was to reimburse RC for amounts RC paid as wages to RC employees, specifically A. Gelabert. The management agreement provided for RC to receive fees under the contract for “services” and also to receive amounts as reimbursement for wages paid. Therefore, the nonreimbursed amounts were not wages. Petitioners have failed to substantiate which, if any, amounts paid to RC were reimbursable wages. We conclude that the services that A. Gelabert provided to MDT, through the RC/MDT management agreement, were to protect or enhance A. Gelabert’s investment in MDT. See Olton Feed Yard, Inc. v. United States, 592 F.2d 272 (5th Cir. 1979). RC had been used as a vehicle by petitioners on several previous occasions. MTNV loaned to RC $100,000 and then paid the interest on the loan. RC was used to obtain visas for A. Gelabert and Sans. RC did not have its own books and records;Page: Previous 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Next
Last modified: May 25, 2011