- 80 - 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 IPage: Previous 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Next
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