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International Bank (which issued the $100,000 small business loan)
and to Ms. Finkelstein (the seller who financed $85,000 toward the
purchase of the restaurant) out of the Sanwa business checking
account. (Mr. Rungrangsi admitted that the loan documents for
First International Bank were never amended to reflect the
assumption of the liabilities by Ms. Eagatatt and that he continued
to make payments to the lenders.) No checks from any business
checking account were ever written to Ms. Eagatatt.
We also note that Stanton Mexicatessen's Form 940-EZ,
Employer's Annual Federal Unemployment (FUTA) Tax Return, dated
February 28, 1994, and Form 941, Employer's Quarterly Federal Tax
Return, dated February 25, 1994, were both signed by Mr. Rungrangsi
and identified him as the owner.
Most compelling, however, is the testimony of Ms. Eagatatt.
Although Ms. Eagatatt filed a Schedule C with her 1994 income tax
return and reported a $6,291 loss from the operation of Stanton
Mexicatessen, she conceded during an Internal Revenue Service (IRS)
audit of her 1994 return that she was not entitled to the loss.
Ms. Eagatatt testified that she knew nothing about the restaurant--
she had only visited the restaurant once and did not even know the
address or generally what city the restaurant was located in.
Further, she testified that she never received any money from the
restaurant's operation.
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