- 7 - a reproduction of a handwritten document entitled “Promissory Note” and dated May 23, 1990, acknowledging petitioner’s obligation, on or before August 15, 1990, to pay Mr. Petar $100,000 for services performed during the fiscal year (the Note). Petitioner presented the testimony of Mrs. Petar and her daughter Sonya to establish the authenticity of the Note. These witnesses testified that they drafted the Note in accordance with Mr. Cunniff’s instructions while Mr. Petar was temporarily living at a construction site out of town, and that Mrs. Petar delivered the Note to Mr. Petar for execution on petitioner’s behalf about 2 or 3 days later. Sonya had no clear recollection of when the events she described occurred. According to Mrs. Petar, they occurred at some time during the last week of May 1990, consistent with the date shown on the Note. There were inconsistences in Mrs. Petar’s account that appeared to be attributable to language comprehension problems. Both Mrs. Petar and Mr. Cunniff testified that it was Mr. Petar who originally identified the need for the Note. When Mr. Petar was asked to explain the circumstances requiring the issuance of the Note, his initial response was that he would prefer to let his accountant explain. After the Court encouraged him to testify on the subject, he testified that, at the time the bonus was awarded to him, the company needed to conserve its cash balances pending collection of unpaid accounts from third parties.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011