- 20 - “agent” of both HEH and Mercury Solar PTO, Sparkman was authorized to act as “President” of each purported entity and to operate each “to the same extent as if he were the owner.” Insofar as the record reveals, he did just that. There is no evidence that, in the brief interlude between purportedly receiving the Mercury Solar business from Sparkman and retransferring it to Mercury Solar PTO, HEH did anything other than (as connoted by its name) hold the Mercury Solar business for Sparkman, who continued to run it as he always had.20 As far as the evidence shows, nothing much changed when the Mercury Solar business purportedly was transferred from HEH to Mercury Solar PTO. Porter (Sparkman’s ex- spouse), who in 1998 was named “trustee” of Mercury Solar PTO, testified that Sparkman, as “agent” of Mercury Solar PTO, made the “operational decisions” during 1996-2000, “except for when * * * Mr. Myron Thompson was the operational operation manager.” Thompson’s testimony shows, however, that he regarded the Mercury 20 In the trial of Hvidding v. Commissioner, T.C. Memo. 2003-151, Sparkman testified that HEH had no employees “other than the trustees if those are considered employees”. In the trial of Richter v. Commissioner, supra, Joseph John Miskowiec, who was a solar energy salesman for the Mercury Solar business, testified that Sparkman was the “overall supervisor” at HEH. But since, by Sparkman’s own testimony, HEH had no employees to supervise, we surmise that Sparkman “supervised” the Mercury Solar business that HEH purported to hold.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011