- 10 - petitioner before going out of business. Though no outside financing was sought, it is reasonable to assume that an outside financier would not have accepted similar credit terms: an open, unsecured line of credit with no set interest rate, no set payment schedule, and no fixed maturity date to three companies with no financial history and no capital assets. As shown by their actions, the parties intended the funds advanced to be an investment in FWC, CAI, and ASC. For these reasons, we find that petitioner made an equity investment in FWC, CAI, and ASC. When the three failed to repay petitioner the funds it had extended, petitioner suffered a capital loss. In light of the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011