Kenneth and Sheila Smith - Page 3

                                        - 3 -                                         
          the satellite signals were transmitted to OTB locations                     
          throughout the United States.                                               
               During 1994, petitioner was the owner of record of                     
          approximately half of Tracstar's outstanding shares of voting               
          stock.  He served as Tracstar's vice president and as a member of           
          its board of directors.                                                     
               Petitioner was in charge of Tracstar's day-to-day                      
          operations.  He supervised the engineering staff and their                  
          installation of equipment in the field.  He represented Tracstar            
          at various trade shows.  He was also responsible for raising                
          additional capital for Tracstar's future projects.                          
               Petitioner was often required to purchase equipment to be              
          installed at Tracstar's sites.  In lieu of obtaining financing              
          for the equipment, petitioner was authorized to charge the                  
          equipment on Tracstar's American Express Corporate credit card              
          (the Corporate card).4  He charged other Tracstar expenses on the           
          Corporate card, including his travel and meal expenses incurred             
          in connection with Tracstar's business.  Petitioner also charged            
          personal expenses on the Corporate card.                                    
               Petitioner also had an American Express Gold credit card               
          (the Gold card) in his own name.  As with the Corporate card, he            
          charged Tracstar's business expenses on the Gold card.  During              

          4         Tracstar's employees David C. Lunder and Jim Pitcher              
          were also authorized to use the Corporate card.  Their itemized             
          charges are stated separately from petitioner's on the monthly              
          statements.                                                                 




Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011