- 21 - Solar business as Sparkman’s business. He testified: “I actually managed his [Sparkman’s] company * * * Mercury Solar.”21 As “agent” of both HEH and Mercury Solar PTO, Sparkman was authorized to act as the “official authorized signature” on the bank accounts of those purported entities. For the years at issue, Sparkman also effectively controlled income allocations and distributions of Mercury Solar PTO (which were made almost entirely to himself).22 There is no credible evidence that he meaningfully shared that control with anyone else. 21 In a memorandum dated September 22, 1997, and addressed to “All Staff and Contractors of Mercury Solar and HEH”, Myron Thompson (Thompson) stated: Effective today, I will be assisting Scott [Sparkman] in organizing the companies [HEH and Mercury Solar] for the sake of current and future expansion. I will be assuming the role of Temporary Executive Director of both HEH and Mercury Solar. Scott [Sparkman] will continue as President. [Emphasis added.] 22 Porter, who was supposedly one of two trustees of Mercury Solar PTO during the years at issue (and sole trustee after May 1998) testified that income allocations during those years were made by Thompson and Sparkman, “with sometimes it being run by myself.” She added, however: “it’s certainly not * * * something I had a day to day involvement with”. We are not persuaded that either Porter or Thompson had any meaningful role with respect to income allocations or distributions during the years at issue. Apart from Porter’s vague, contrived, and noncredible testimony, all the evidence indicates that she was a mere figurehead for both HEH and Mercury Solar PTO. The Mercury Solar PTO organizational documents do not authorize Thompson to make income allocations or distributions. In testifying as to the nature of his duties and activities at Mercury Solar PTO, Thompson made no mention of making any income allocations or distributions.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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