Lee D. Froehlich - Page 27

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               Moreover, by securing the cap loan, petitioner was able to             
          raise the money necessary for the opening of the auto dealership.           
          Thus, in total, petitioner personally contributed approximately             
          $806,000 to the auto dealership.  This investment was substantial           
          in nature.                                                                  
               At the inception of the auto dealership, petitioner secured            
          a $2.5 million floor plan arrangement to acquire inventory                  
          (automobiles).  Initially, petitioner was not required to                   
          personally guarantee the floor plan arrangement.  It was not                
          until July 31, 1988, that petitioner personally guaranteed the              
          floor plan loan.  By that time, the floor plan amount had                   
          increased significantly, permitting the auto dealership to have             
          an expanded inventory base.                                                 
               The record, generally, reflects that petitioner's dominant             
          motivation was as an investor.  His motivation in guaranteeing              
          the floor plan loan was to protect his investment in the business           
          of the auto dealership, as opposed to protecting his trade or               
          business as an employee.                                                    
          Finally, in 1989, Sanwa Bank was concerned that the floor                   
          plan amount was "out of trust" and requested that petitioner                
          decrease the outstanding loan.  In the process, Sanwa Bank                  
          received a $400,000 security interest in petitioner's home.                 
          Sanwa Bank received $400,000 from the March 2, 1990, sale                   
          proceeds from petitioner's home.  Again, petitioner's dominant              





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