A provisional liquidator was appointed to a company at Dundrum, Co Tipperary, by the High Court yesterday at the request of the Revenue Commissioners.
The court was told the firm had consistently defaulted on tax payments and the Revenue fears it intends to cease trading, disregarding creditors and transferring its substantial assets to another company.
Mr Justice Kelly appointed Mr Gerard J. Holliday as provisional liquidator of Pat Buckley (Dundrum) and fixed November 15th for hearing of a winding-up petition.
The application was made by Mr Pat Quinn, for the Revenue, on the basis of an affidavit from a Revenue official.
The official said the company, owned and controlled by Mr Pat Buckley, was incorporated in May 1995, operated a pub and disco from premises at Dundrum and had a poor tax compliance record.
Another company - Pat Buckley (Doon) - had ceased trading in November 1997 leaving a debt to the Collector General of more than £50,000 (€63,532), he said.
Mr Buckley had sold the Doon property to his parents.
The official was greatly concerned about the operation and management of the Dundrum company and, in particular, the preservation of its assets pending the appointment of an official liquidator.
The official detailed contacts between the Revenue and the company since February 1997 when a VAT/PRSI liability was agreed at £69,000.
The company agreed to pay a down-payment of £10,000 and 60 post-dated cheques for £1,274 a month to meet this.
The £10,000 was paid but none of the post-dated cheques were honoured.
In late November 1997, Mr Buckley promised to submit all outstanding returns and enter a new arrangement for payment but no further progress was made.
At the same time, a tax inspector was discussing with Mr Buckley his personal tax liabilities and the liability of Pat Buckley (Doon).
The official said Mr Buckley sought a tax clearance certificate during those meetings to enable him renew a publican's licence for the Dundrum business but this was not granted.
In January 1998, Mr Buckley called to the Collector General's Limerick office and demanded a tax clearance certificate for the Dundrum business.
Mr Buckley had to be asked to leave by security and gardai were called, the official said.
A new arrangement was agreed with the company in January 1998 for payment of liability revised to £68,882.
Mr Buckley also entered into an agreement regarding his personal tax liability but later said he could not meet this because of the arrangement regarding his company liability.
Mr Buckley paid the agreed down payment of £17,500 towards the company liability but post-dated cheques for the balance were not honoured; Mr Buckley cited bankruptcy proceedings against him.
The official outlined further contact between Mr Buckley and the Revenue.
In September 1998, a final demand was issued for all tax due.
Mr Buckley had paid £40,000 on April 28th last, reducing the Dundrum company's debt to £32,935.
Since that date, no tax had been paid and the debt was now £35,570. A final demand was issued in last August.
Mr Quinn said that, on September 28th, Mr Buckley and his wife, as nominees for Pat Buckley Limited, had applied for transfer to them of the publican's licence attaching to the Dundrum premises.
The application was adjourned to October 26th next.
The Revenue feared there were attempts to cease the trade of Pat Buckley (Dundrum) and to dispose of the licence to a company with common shareholders which would continue trading from the premises as a "Phoenix" company.