- 3 - required to remit a downpayment at the time the contract was entered into. The amount of the required payment, labeled a “deposit”, varied from contract to contract but was always listed as a portion of the total fee being charged for the services to be rendered. The standard terms provided that the entire payment would be retained by BMP upon cancellation by the customer, unless one of two circumstances occurred. Upon the occurrence of either of these circumstances, BMP would refund all of the payment, less a $150 nonrefundable “administrative fee”.2 A partial refund was available when: (1) The customer canceled an event due to death or life-threatening illness or injury of an immediate family member, or (2) the customer canceled with 6 months’ advance written notice, provided BMP was able to find a comparable engagement for the same date and time. In order to promote his professional reputation, petitioner usually would make full refunds to canceling parties, despite the contractual terms. In 1996, BMP received $87,660 in downpayments for services to be performed in subsequent years. In 1997, BMP received $22,865 in payments for such services. The payments were put into the same bank account as other business income, and the funds were not physically segregated in any manner. BMP was not 2In some cases, the amount of the downpayment was less than $150.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011