Don E. Kramer - Page 4




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          beginning in August 1994.                                                   
               Petitioner hired a corporate service company to prepare and            
          file the incorporation documents on behalf of petitioner and Mr.            
          Maker.  The articles of incorporation of BERM were filed with the           
          Illinois secretary of state on July 21, 1994, along with an                 
          application to adopt an assumed corporate name, D.K.’s Steak &              
          Seafood House, on July 29, 1994.  BERM also filed an application            
          for an employer identification number (EIN) with respondent.  The           
          Illinois Department of Revenue issued a certificate registering             
          BERM under the Illinois Use Tax Act, Service Occupation Tax Act,            
          and Service Use Tax Act.                                                    
               Petitioner negotiated BERM’s lease with F.M. (Pat) Sullivan            
          and Dorothy Jane Sullivan, as Trustee of the Dorothy Sullivan               
          Trust, dated December 20, 1990, to operate the restaurant,                  
          cocktail bar and lounge, and banquet facilities at the Holiday              
          Inn.  BERM purchased commercial general liability insurance,                
          excess liability insurance, and liquor liability insurance for              
          the period from August 1, 1994, until August 1, 1995; however,              
          the insurance agreements were canceled at the end of April 1995.            
               Initially, petitioner participated minimally in the daily              
          operations of D.K.’s Steak & Seafood House.  Petitioner                     
          considered himself the investor or “financial supporter” and Mr.            
          Maker the “operating expert”, handling the day-to-day operation             
          of the restaurant.  Petitioner was also in charge of securing               






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