- 8 - Although petitioner’s cash-flow concerns may explain why the bonus was not paid in cash during FYE 5/31/90, they do not explain why petitioner allegedly took the unprecedented step of issuing a note to Mr. Petar evidencing the deferred payment obligation. In the following colloquy with the Court and Mr. Cunniff, who was seated in the courtroom during Mr. Petar’s testimony, Mr. Petar was given another opportunity to address this crucial issue: The Court: Okay. Is there anything else that I ought to be aware of that you want to tell me? Mr. Cunniff: Why the note was made out in the first place, Frank. The Witness: We made the note out for different other reasons, you know. We needed some performance bonds for the -- you know, for the bank and things like that. Mr. Cunniff: The reason it ended up being made out was because we showed on your personal return, your personal financial statement, $100,000 owed to you and they wanted to know why that was so you could go through the bonding company, so that’s why -- that is actually the reason why we made the note up. We didn’t make it up for this thing at all. It happened to come out all right. The Court: Anything else? Mr. Cunniff: Go ahead, tell him that. The Witness: I think that is all, Your Honor, I have. In his own testimony, Mr. Cunniff elaborated on the account he had tried to elicit from Mr. Petar by means of his prompting from the audience. According to Mr. Cunniff, the Note was not issued before the close of FYE 5/31/90 for the purpose ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011