- 77 - Indus. Park v. United States, 561 F.2d at 581; Jewell Ridge Coal Corp. v. Commissioner, 318 F.2d 695, 698 (4th Cir. 1963), affg. T.C. Memo. 1962-194. Rademacher's position would subject the creditor to undue risk. Jacobs testified that it would have been possible for petitioners to get large loans. However, he said that loans this size would require security because petitioners were highly leveraged. He cited examples of large bank loans made to highly- leveraged companies during the years in issue. However, those examples are not compelling here because those loans were to companies that were much larger than petitioners, and they included various security arrangements including guaranties, as here. Jacobs concluded that it was not clear that LTI and LII could have borrowed as much from commercial banks as they received from LIIBV. He said they might have been able to borrow large amounts if they first had a public offering of subordinated debt. Petitioners contend that Enger testified that petitioners could have obtained bank financing in the amounts that LIIBV advanced to petitioners. We disagree. Enger testified that petitioners could not obtain bank financing from commercial lenders on terms comparable to the LIIBV agreements, and could obtain financing only by using equity and subordinated and senior indebtedness. Petitioners contend that the three investment bankers' proposals show that they could have reasonably obtainedPage: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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