James S Sparkman - Page 20

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        “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.                                  





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