John Van Heemst - Page 16

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          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,                






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