Don E. Kramer - Page 6




                                        - 5 -                                         
          maintain BERM’s operations.1                                                
               Petitioner filed, on December 27, 1994, an Illinois Business           
          Registration with the Illinois Department of Revenue for the                
          entity Kramer Hospitality Services (Kramer Hospitality), d.b.a.             
          D.K.’s Steakhouse.  Also on December 27, 1994, petitioner drove             
          to Springfield to file an application for a new EIN, Form SS-4,             
          for the entity Kramer Hospitality.  On December 29, 1994, the               
          Illinois Department of Revenue issued a certificate registering             
          Kramer Hospitality under the Illinois Use Tax Act, Service                  
          Occupation Tax Act, and Service Use Tax Act.  The record does not           
          indicate that Illinois sales taxes were reported or remitted by             
          petitioner or Kramer Hospitality.                                           
               During all times relevant, Kramer Hospitality did not have a           
          bank account; rather, throughout 1995 petitioner continued to use           
          BERM’s corporate bank account, in the name of D.K.’s Steak &                
          Seafood House, to deposit receipts and pay creditors.  Kramer               
          Hospitality did not purchase liability insurance during 1995.               
          BERM’s commercial liability insurance agreements were maintained            
          until April 1995, when BERM ceased operations.  Also, Kramer                
          Hospitality did not obtain a lease to operate the restaurant,               
          cocktail bar and lounge, and banquet facilities at the Holiday              
          Inn, nor did BERM execute a written agreement assigning its                 


               1    The record is unclear as to whether these amounts were            
          loans to the corporation or additional contributions to capital.            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011