- 15 - new plant, it was agreed by the board that the return in the future would be worth this investment. It was agreed by the board that surplus company funds should be earmarked for the above project. In its section 534(c) statement, petitioner states that "the Board decided to earmark all surplus for this expansion" but that management estimated the cost of building and bringing on line the second facility as well in excess of $1,800,000, based upon the cost of the first facility. Petitioner provides the following breakdown of costs for building and outfitting the second facility: Building $300,000 Machinery 580,000 Land 100,000 Initial inventory 600,000 Hiring and training work force 220,000 TOTAL 1,800,000 Respondent argues that the minutes of the board of directors meeting on January 13, 1992, do not establish an intent by petitioner to begin construction of a new manufacturing facility. Additionally, respondent argues that petitioner does not mention any actual expansion that has been implemented, or, alternatively, that petitioner's proposed or pending construction expansion plans are not set forth and that petitioner offers no explanation for the delay in completion. Respondent contends that the square footage of extra manufacturing space is not stated and that petitioner neglects to name any real estate agents, government officials, or architectural firms that it has contacted.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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