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transferred all the stock of Pioneer to Richard M. Speer,
petitioners’ son, whereupon Richard M. Speer became president of
Pioneer. Since the time Mr. Cox transferred the Pioneer stock to
Richard M. Speer, Richard M. Speer has been the sole shareholder
and president of Pioneer.
Home Shopping Channels, Inc. (HSC), was incorporated in 1981
under the laws of the State of Florida to conduct a business
consisting of selling merchandise at retail prices through
televised programs in the Tampa Bay, Florida, area. HSC was
cofounded by Mr. Speer and Lowell W. Paxson. Approximately 51
percent of the stock of HSC was owned by Richard W. Baker, as
trustee of the Roy M. Speer Trust. The remaining stock was owned
by Mr. Paxson, as trustee of the Barbara A. Paxson Trust, and
approximately 10 other shareholders.
Pioneer created and developed financial accounting computer
software programs to assist customers in maintaining their
general ledgers, accounts payable systems, and payroll systems.
Pioneer provided such financial accounting software and related
data processing assistance to HSC beginning in 1982. Other
customers of Pioneer included a construction company, a utility
company, and an oil and gas company.
In early 1982, Pioneer retained Harris Data, Inc. (Harris
Data), to assist in the development of a customized computer
software program, which would include customer maintenance, order
taking, and inventory control programs (the Local Software) for
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