- 6 - that day. If the purchaser failed to transfer the requisite funds to the seller within the required period of time, the LPO would cancel and the seller would retain all of the funds that the purchaser had previously paid to purchase it. Mr. Roven directed the trading activities of petitioner, Kenilworth, and certain other related entities that are not directly relevant to our decision herein. Mr. Roven caused petitioner (or, sometimes, one of the other related entities) to buy the positions in his recommended securities (including LPO's), and he divided the interests in these positions among the entities in a preset manner. All purchases of LPO's with the funds of petitioner were contemporaneously recorded as "loans" to Kenilworth and the other related entities to the extent that each entity (including Kenilworth) benefited therefrom. None of these "loans" (hereinafter referred to as advances) were evidenced by a written agreement (e.g., a note) because Mr. Roven did not believe that he needed to prepare one, given the fact that he controlled all of the entities and they were commonly owned. For the same reason, none of the advances were directly secured, and none of the entities paid interest on any of the advances. Petitioner and Kenilworth considered the advances to be debt that was payable on demand without a set maturity date, and they intended at the time of each advance that it would be repaid shortly after it was made. Prior to October 19, 1987, Kenilworth regularly repaid each advance shortly after it received thePage: 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