- 3 - to operate Moonshadows for a period of 15 years. The lease provided that petitioner would pay a minimum rent of $120,000 per year. The lease also required the payment of a percentage rent of 7-1/2 percent of annual gross sales if that amount exceeded the minimum rent of $120,000 per year. The lease also provided that Dr. Shlens had the right to conduct an audit of Moonshadows’s operations to verify the amount of its gross sales for any given period. In 1992, Kenneth R. Chiate (Mr. Chiate) purchased Moonshadows from Mr. Kelson. Mr. Chiate is an attorney. He is now the president and sole shareholder of Moonshadows and purchased the business for reasons other than running the restaurant. He has had nothing to do with the operation of the restaurant since he purchased it. After Mr. Chiate purchased the restaurant from Mr. Kelson in 1992, Mr. Kelson became Moonshadows’s accountant and bookkeeper from 1992 through 1995. In early 1995, Dr. Shlens hired a certified public accountant, Ms. Cecy Groom (Ms. Groom) to audit petitioner’s financial records. She was to verify the gross sales reported to Dr. Shlens by petitioner in order to confirm that the amount of rent being paid to Dr. Shlens by petitioner was correct. Ms. Groom’s audit was initially directed to the period June 1994 through May 31, 1995 (the applicable period), but was extended toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011