4 submitted financial statements to Frost Bank. The credit line was documented by 14 promissory notes, each payable 90 days after execution. They were dated from October 7, 1985, through January 10, 1989. The final note, dated January 10, 1989, states a cumulative principal loan balance of $467,508.54. Petitioner and DRPC were jointly and severally liable on the notes for repayment of the loan. The loan was not collateralized with any property of petitioner or DRPC. On November 16, 1986, a guaranty agreement was executed by petitioner, DRPC, and Don Test, under which Don Test would guarantee the loan for a fee of $14,998.50 for each 90-day period that the guaranty was outstanding. Petitioner and DRPC were jointly and severally liable to Don Test for payment of the fee. Frost Bank would have granted the line of credit to either petitioner or DRPC individually, but to neither without Don Test's guaranty. In addition to the guaranty, Don Test provided common stock of the Genuine Parts Co. as collateral. Don Test was not a shareholder or otherwise related to the corporation. DRPC paid the guaranty fees and claimed $60,994 and $59,994 as expenses on its income tax returns for 1987 and 1988, respectively. It does not appear that petitioner paid any part of the guaranty fees. Petitioner had total discretion as to the use of the proceeds, and Frost Bank did not monitor such use. The line of credit was used both as a source of operating capital for DRPCPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011