- 28 - payments was made to HEH, which they contend reported these amounts on its own returns. Respondent now concedes that Mercury Solar PTO reported $81,921 of the HECO payment on its 1999 Federal income tax return. Respondent contends, however, that the remaining $113,354 was also income of the Mercury Solar business and should have been reported by Sparkman in 1999. We agree. The Court does not permit a party to a stipulation to qualify, change, or contradict it except where justice may require. Rule 91(e). Justice does not so require in these cases. Sparkman’s testimony does nothing to impugn his now-disputed stipulation but does much to bolster respondent’s position regarding the HECO payments. Sparkman testified that HECO provided rebates for installing solar systems, but that HECO might take up to 6 months to process the payments. Sparkman testified that in order to receive the benefit of the HECO payments more quickly-- Mercury sought a factoring company * * * that would take that receivable and pay it in cash. * * * And how it worked was Mercury submitted invoices that it was owed by Hawaiian Electric Company to ABA Funding [a factoring company] and ABA Funding took a percentage of the $800 rebate depending on the time period it fronted the money from HECO, and then HECO sent ABA Funding a check made payable to Mercury Solar which ABA Funding cashed via a power of attorney that it retained. And apparently mid-1999 ABA Funding or Mercury Solar or HEH decided they wanted the funds directed into the Hawaii Environmental Holdings account instead of the Mercury Solar account.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011