- 14 - substantial understatement. We have considered respondent's remaining arguments and find them irrelevant or unnecessary to reach.7 To reflect the foregoing, Decision will be entered for petitioners. 7 Respondent has, on brief, advanced the argument that Great Western is a sham corporation controlled by Mr. Rogers through his attorney John Konvalinka, who is the brother-in-law of Ms. Hanna. We note that on the day this case was called for trial, before the parties agreed to submit the case as fully stipulated, respondent attempted to assert this theory. Upon petitioner's objection and the Court's inquiry, respondent specifically disavowed any such theory regarding the transaction in issue in the instant case. Respondent has offered no reason why the Court should consider such an argument. Moreover, respondent's protestations of sham are not supported by the evidence in the record. The parties have stipulated that Great Western was a validly formed corporation owned by Ms. Hanna. Additionally, there is extensive correspondence between Ms. Hanna and various third parties that evidence Ms. Hanna's active participation in the management and sale of the nonhospital properties. Accordingly, even if we were to consider respondent's sham-transaction theory, we would hold that respondent has failed to carry the burden of proof on that issue as well.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011