- 13 - whether Arthur and Susan Willner were "persons holding an interest in such entity." The evidence supports a finding that Willner was a person holding an interest in the entity that is the subject of this proceeding. He claimed tax benefits on the assumption that a return was filed for the partnerships in which he invested, bearing the single EIN 94-2870681; he received cash payments from a single bank account with respect to the partnerships in which he invested; he acquiesced in Hardin's total control of all entity business with knowledge that Hardin was handling as a unit what were identified as multiple partnerships; he regarded himself as the beneficiary of a class action that treated the superficially separate partnerships as a single entity; and he did not raise his claim in this action until he saw that the action would neither lead to a determination in favor of the partnership nor a settlement that would benefit him. The nexus between his claims of partnership losses and credit and the entity that is the subject of this proceeding exists. By contrast, there is no evidence that separate partnerships known as Oceanic Leasing VI or Oceanic Leasing XXXV ever engaged in any activity other than the fraudulent leasing transactions engaged in by Hardin in the name of Oceanic Leasing. Willner did not comply with the terms of the agreements on which he relies.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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