- 16 - the asset purchase agreement was paid and offered implausible explanations for the failure. At trial, however, petitioner claimed that Kathleen Murphy never sold Pieces of Eight to Michael Van Heemst. The sale transaction seems to have been fabricated by petitioner. During the course of the audit, which the record indicates began during or about October 1990, petitioner claimed that Michael Van Heemst was the current owner of Pieces of Eight. At trial, however, petitioner testified that Ms. Murphy was the owner of Pieces of Eight at the time he told the agent that it was owned by Michael Van Heemst. Moreover, the record contains a sale agreement dated September 3, 1990, pursuant to which petitioner, as transferee for a company to be incorporated, purports to purchase the assets of Pieces of Eight from Michael Van Heemst. During 1992, Ms. Murphy found the agreement hidden in petitioner’s files and apparently provided it to respondent. At trial, petitioner claimed that Ms. Murphy and Kathleen Murphy initially agreed that Kathleen Murphy would be the owner of Pieces of Eight but later decided Ms. Murphy would own the business. Petitioner also claimed at trial that Ms. Murphy used the name Kathleen Murphy as an alias and always owned the business. Petitioner makes the same claim on brief, although elsewhere on brief seems to admit that Ms. Murphy and Kathleen Murphy were different persons. In one portion of his brief,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011