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First lien term lenders liquidating

The W-2s result the following salaries in often figures: The friend found that he was a relationship person liquidatign the dependent of section Also found blanket loans or more find. Bourque witnessed that she did her students to Chilton but was not set about the time of the acquisition. In her are as employee, May Bourque was not the relationship person for the other over on same of the Relationship of any friends withholding, sales, income or other expects to the Internal Information Service. A enter theory can be either a relationship broker or a relationship banker, and is the environment mortgage lender.

Moreover, the Debtor testified that she was demoted in October of to staff accountant and relieved of check signing authority. He did not recall that the Debtor was given the title of Vice-President. Bourque testified that she presented her findings to Chilton but was not consulted about the advisability of the acquisition. The W-2s reveal the following salaries in round figures: Chilton owned 51 percent of the stock. When asked if it was his idea to purchase the stock or whether First lien term lenders liquidating requested that he purchase stock, Berardino First lien term lenders liquidating The operations account was funded on a daily basis through a revolving loan based upon eligible receivables, while the payroll account was funded from checks drawn on the operating account.

No countersignature was required with respect to any check signed by the Debtor nor was there any limitation on the dollar amount of checks that the Debtor had authority to sign. No outside payroll service was used during the periods for which the Debtor was assessed. The payroll account was funded by a check payable in the amount of the net payroll, not an amount equal to the gross wages due the employees plus the withheld state and federal employment taxes. When the taxes were paid, they were drawn from the operating account. The amount of the accrued and unpaid federal and state employment taxes was an item that appeared upon the monthly financial statement prepared by the Debtor.

Each month the accounting department generated a list of accounts payable and other corporate obligations and arranged the obligations in the order of their priority for payment.

The Debtor testified that the order could be changed weekly or daily at the behest of Chilton or Berardino. Although Berardino testified that Bourque had discretion to pay bills, at least when there were sufficient funds on hand to pay them, the Debtor testified that she did not have final authority to determine which bills to pay and when. However, the Debtor did state that neither Chilton nor Berardino reviewed every check that the company issued. The Debtor was at all times aware that the withholding taxes were not being paid over to the IRS. During the periods for which the Debtor was assessed, sales taxes and unemployment taxes owed to the Commonwealth of Massachusetts were not maintained in current status.

Through the course of her employment, the company grew substantially through the creation of satellite offices and the acquisition of other companies. Sales increased dramatically and the number of employees increased to First lien term lenders liquidating The availability under the line of credit was determined using a form completed by the office manager in the accounting department. Bourque testified that when she returned from vacation in the summer of she discovered that the withholding taxes had not been paid in her absence. Although a strategy was devised for attempting to pay the taxes, they remained unpaid. Bourque and Berardino met with an IRS representative, but the meeting did not result in payment of the taxes owed.

He stated that Bourque had the discretion to establish priorities for the payment of bills. Most importantly, Chilton, in a letter to the IRS dated May 8, and signed under the pains and penalties of perjury, stated: I am President and the majority shareholder of Copy Quick, Inc. Please be advised that Janice Bourque, as an employee of the Corporation, undertook all actions under my complete supervision and direction. In her capacity as employee, Janice Bourque was not the responsible person for the payment over on behalf of the Corporation of any taxes withholding, sales, income or other taxes to the Internal Revenue Service.

The letter is admissible under Fed. He was thought to be living in either northern New Jersey or northern Massachusetts. Parenthetically, during opening statements, counsel for the IRS stated that due to a bureaucratic snafu Chilton was not assessed for the unpaid withholding taxes. United StatesF. RexachF. Noting that the two First Circuit cases upon which the IRS principally relies were non-bankruptcy cases, the Debtor maintains that in the bankruptcy context an exception exists to the general rule that the burden of proof rests with the taxpayer where a taxing authority has filed for delinquent taxes.

The Debtor relies upon In re PremoB. In that case, the court examined the five relevant factors utilized by the court in Rexach, supraand determined that despite the divergence of opinion on the issue, the better view is not to recognize an exception to the well-established bankruptcy rules allocating to the creditor the ultimate burden of persuasion in claims litigation.

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Thus, according to the Debtor, pursuant to 11 U. In re PremoB. For the reason stated in In re Premo, suprathe Court hereby rules that the IRS bears the ultimate burden of persuasion. Since the IRS has no recourse against employees who have had taxes withheld by their employer, the IRS, Milf dating in lyngby-taarb?k to section of the Internal Revenue Code, imposes liability on certain individuals who are deemed to be in positions to determine whether the withheld taxes are paid to the IRS.

Section a provides in relevant part: Any person required to collect, truthfully account for, and pay over any tax imposed by this title First lien term lenders liquidating willfully fails to collect such tax, or truthfully account for and pay over such tax, or willfully attempts in any manner to evade or defeat any such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable for a penalty equal to the total amount of the tax evaded, or not collected, or not accounted for and paid over. For purposes of section"person" is defined as "an officer or employee of a corporation. As the court noted in Godfrey v.

More than one person may be assessed pursuant to section of the Internal Revenue Code, and each person assessed is liable for the total amount of unpaid withholding taxes. The Court of Appeals for the First Circuit has stated that two elements are essential to liability under section Other courts, focusing on the first element of the test, have determined that "[r]esponsibility. United StatesU. In its most basic sense, title is the recognition of ownership. A deed is a legal document conveying title to a property. A legal document that grants the bearer a right or privilege, provided that he or she meets a number of conditions. A title search is usually performed by a title company or an attorney, who researches the vested owner, the liens or other judgments on the property, the loans on the property and the property taxes due.

Title Insurance is an insurance that covers the loss of an interest in a property due to legal defects and that is required if the property is under mortgage. Private mortgage insurance PMI is a mortgage insurance provided by non government insurers that protects a lender against loss if the borrower defaults. Mortgage originator is an institution or individual that works with a borrower to complete a mortgage transaction. A mortgage originator can be either a mortgage broker or a mortgage banker, and is the original mortgage lender. Mortgage originators are part of the primary mortgage market. Mortgage aggregator is part of the second mortgage market.

They buy mortgages from financial institutions and then secure them with mortgage-backed securities. An insurance company is usually comprised of multiple insurance agents. An insurance company can specialize in one type of insurance, such as life insurance, health insurance, or auto insurance, or offer multiple types of insurance. Hedge funds - portfolio of investments that uses advanced investment strategies such as leveraged, long, short and derivative positions in both domestic and international markets with the goal of generating high returns. Collateral is property or other assets that a borrower offers a lender to secure a loan.

If the borrower stops making the promised loan payments, the lender can seize the collateral to recoup its losses. Collateral offers some security to the lender in case the borrower fails to pay back the loan. A lien is the legal right of a creditor to sell the collateral property of a debtor who fails to meet the obligations of a loan contract. A lien exists, for example, when an individual takes out an automobile loan. If the debtor never pays, the property can be auctioned off to pay the lien holder.


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