Eric B. Benson, et al. - Page 80

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               Clearly, ERG transferred millions of dollars to NPI.  In               
          reviewing and reconstructing the books and records of the                   
          entities, the accountants inquired as to these transfers.  Burton           
          and the accountants labeled these transfers as payments of                  
          royalties and for engineering services.  The royalties were paid            
          on the basis of an exclusive licensing agreement suggested by               
          Miller, the mediator of the brothers’ dispute.  The balances were           
          designated “engineering services” by Burton and his accountants.            
               When asked at trial who came up with the idea of how to                
          allocate income between NPI and ERG, Bradac testified “Probably             
          through my suggestion in the early years we were trying to base             
          it on the income of ERG and we started with a number, somewhere             
          an average of fifty to seventy-five thousand dollars of profits             
          for the corporation.”  That number was based upon Bradac’s                  
          suggestion because “the tax rates for a corporation * * *                   
          [become] rather prohibitive after 75,000, and also looking at               
          perhaps the balance sheets and estimating the growth of the                 
          company over those years.”  Bradac admitted at trial that “any              
          plan developed by * * * [Burton], was developed with my                     
          consultation.”  For example, Bradac knew that the $483,098 that             
          ERG transferred to NPI was not for equipment purchased and,                 
          instead, he claimed a royalty deduction in preparing the ERG                
          returns for 1989 of $252,679 explaining:  “I believe it was an              
          unfortunate tag, meaning the royalty name”.  He stated:  “And I             






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