William R. & Carol Enyart - Page 14




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                    execute any documents required by the entities                    
                    holding liens for the transfer of titles to the                   
                    equipment.                                                        
               The record also shows that during the year at issue B&L was            
          able to pay off, as they fell due, installments of B&L’s promis-            
          sory note which might have encumbered the B&L equipment.6  In               
          this connection, B&L signed the B&L promissory note payable to              
          Bank of Ashland around mid-May 1992.  That note was in the                  
          principal amount of $900,000 and bore interest at 8.75 percent              
          per year, which was to be paid in 36 installments of $28,528 that           
          were to commence on June 13, 1992.  The notes to B&L’s financial            
          statements for the periods ended December 31, 1992 and 1991, show           
          that at the end of 1992 the balance remaining on the B&L promis-            
          sory note was $742,299.  Thus, the record establishes that at               
          least during 1992, the year at issue, B&L had the ability to, and           
          did, satisfy its obligations under the B&L promissory note to pay           
          the monthly installments of principal and interest due under that           
          note.  On the record before us, we reject petitioners’ assertions           
          that B&L “was in a dire financial position and its ability to pay           
          off the substantial amount of debt encumbering the equipment was            
          in grave question” and that “there was a realistic possibility              


               6Although the B&L promissory note states that B&L gave a               
          security interest to Bank of Ashland in, inter alia, goods or               
          property that B&L was purchasing and various vehicles, it is not            
          clear from that note or the remainder of the record whether some            
          or all of the B&L equipment was included within such goods,                 
          property, and vehicles.                                                     





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