funds held in APECO Equine's name was preconceived. Hallowell v. Commissioner, supra at 608-609. We also are not inclined to credit petitioners' assertion that Fifth Third's refusal to renew APECO's loans during June 1990 was unexpected. APECO was sustaining losses and was having difficulty developing the Planatronic prior to that time. Mr. Kluener guaranteed its debt, but his financial condition was poor during 1989 and 1990, due principally to the collapse of his real estate ventures, which was one of the reasons that the decision was made to sell the horses. Mr. Kluener's need to make payments on his debts to Fifth Third does not even explain why all funds held in APECO Equine's name were distributed because, pursuant to the renegotiation of his loans from Fifth Third, he was obligated to reduce the principal amount of his debt by at most $1,500,000, and he reduced it by only $1 million before it was again renegotiated. In fact, Mr. Kluener lent $776,000 of the amount distributed back to APECO. Furthermore, it is difficult to justify Mr. Kluener's use of the funds that had been held in APECO Equine's name to pay down his loans to Fifth Third. As part of the renegotiation of the loans, Fifth Third restricted Mr. Kluener's ability to withdraw funds from his agency account for purposes other than the payment of his or APECO's obligations to it. Moreover, the net distributions that he received with respect to his APECO stock were also to be applied to pay his obligations to Fifth Third.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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