- 39 -39 that ABN received its specified return and was preoccupied with determining the amount of, and the labels attached to, the direct payments to ABN. Petitioner contends that there was no assurance, commitment, or binding agreement to pay ABN a specified return. AlliedSignal, however, scrupulously calculated the shortfall between Barber's and Dominguito's income allocations and ABN's specified return and recorded this shortfall as an accrued liability for financial purposes. AlliedSignal wanted to ensure that its direct payments, and ASA's income allocations, to ABN were being properly credited toward AlliedSignal's obligation to pay ABN's specified return. In essence, AlliedSignal's conduct resembled that of a meticulous borrower rather than a partner. B. ABN From the outset of the venture, ABN processed the ASA transaction just like any other large corporate loan. For loans more than $25 million, ABN required approval from its North American Credit Committee, Foreign Credit Department, and headquarters. Accordingly, ABN New York submitted the loan application relating to the plan, and ABN approved the loan, through the aforementioned channels. Although ABN was, ostensibly, considering a loan to Barber and Dominguito, it evaluated and approved the loan based on AlliedSignal's financialPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011