- 7 - with a total value of approximately $40,000. These items were placed in the auto dealership's used car inventory, and were deemed to be assets on the company's books. As part of the $806,000 capital requirement, petitioner executed a note in favor of the auto dealership for approximately $150,000. At the end of the first year of the business, petitioner paid off this note from a bonus of $236,000 that he received from the auto dealership. The additional $400,000 needed to meet the $806,000 capital requirement was to be borrowed from Golden State Sanwa Bank (Sanwa Bank). In a July 9, 1986, letter setting forth Sanwa Bank's terms and conditions for the capitalization loan (cap loan), petitioner is denominated as "Borrower" and the auto dealership as the "Guarantor". The stated purpose of the loan is for "Permanent Working Capital". On March 2, 1987, Sanwa Bank entered into a business loan agreement with petitioner for the cap loan. The $400,000 promissory note contains the statement that the loan is "To assist with investment in auto dealership to meet permanent working capital needs of enterprise." Petitioner is shown as the borrower, and his occupation is listed as owner of the dealership. On the same date, a Sanwa Bank corporate resolution reflects that the auto dealership guaranteed the repayment ofPage: 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