Homer L. Richardson - Page 40

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          Mr. Richardson also testified that he first received a referral             
          fee from Aegis in March of 1996 for bringing an individual to               
          meet with, and introducing him to, Mr. Bartoli in Chicago.                  
               The record is nebulous at best on the genesis of any                   
          activity on the part of HGAMC.  The Form SS-4, Application for              
          Employer Identification Number, stated that business started on             
          April 1, 1996.  The instrument that by its terms “created and               
          established” HGAMC is dated August 17, 1996.  Petitioners’                  
          signatures on many of the documents pertaining to HGAMC and dated           
          in August were notarized on December 3, 1996.  Mr. Richardson’s             
          testimony on this point was confused, if not contradictory, and             
          in the midst of an unsuccessful colloquy attempting to reconcile            
          various dates, he was able only to offer that HGAMC was                     
          “operated” before August 17, 1996.                                          
               Given these circumstances, it cannot be said that the record           
          bears out petitioners’ attempts to portray the establishment of             
          HGAMC as working some sort of clean break in Mr. Richardson’s               
          ongoing business activities, in terms of either the nature of               
          those activities or the timeframe for their occurrence.  The                
          Court thus is unable to perceive that the entity’s existence                
          engendered any material change in petitioners’ relationship to              
          the property allegedly transferred thereto.  Furthermore, since             
          the only property contributed to HGRCT was 10 units of beneficial           
          interest in HGAMC, creation of this second tier likewise produced           
          no material changes.                                                        




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