- 144 - Q Did you have an agreement–- A Well, an agreement as a written agreement? No, sir. Q Did you have an understanding, sir, that you were entitled to compensation in 1991 and that you, as PK Ventures, were going to defer that amount into the next or subsequent years? A I don’t believe I had an agreement. I knew I wanted to be paid. The lack of documentation in the corporate records of PK Ventures and its subsidiaries and Rose’s testimony at trial significantly undermine the inference that petitioners wish for us to draw from these “going concern” notes. Consequently, we conclude that these notes do not establish the existence of a deferred compensation agreement between Rose and PK Ventures and its subsidiaries during 1986 through 1991. After considering the testimony and lack of evidence supporting petitioners’ position, we conclude that no deferred compensation agreement existed between Rose and PK Ventures and its subsidiaries during those years. As additional support for their argument that Rose was insufficiently compensated for his services to PK Ventures and its subsidiaries during 1986 through 1991, petitioners claim: “Rose did not receive any compensation from Ventures and its subsidiaries for 1986, 1987, and 1988. In 1989, Ventures paid Rose $170,000, and in 1990, Rose was paid $50,068. In 1991, Ventures paid Rose $140,469.” In sum, petitioners claim thatPage: Previous 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 Next
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