- 8 - participating interest in the Schanno note to $1 million. At the same time, petitioner signed a $200,000 revolving credit note (Grojean credit note), keeping the total amount he received in the form of a loan at $1.2 million. Petitioner then purchased a $200,000-participation interest in the credit note. Petitioner and American amended the participation agreement to reflect this purchase.2 The Grojean credit note had the same interest rate and other terms as the credit note, and petitioner became entitled to payments for his participation interest only when American received payments under the credit note. American's share of the credit note was superior to petitioner’s $200,000 share. American and petitioner amended other related documents as well to incorporate these changes, including the loan agreement and the stock pledge and security agreement. American had sole and absolute discretion to exercise any rights under the credit note, without advice or consent from petitioner. American debited and credited interest payments to and from petitioner’s checking account under the credit note and the Grojean credit note as Schanno paid the amounts due under the Schanno note and the credit note. For 1989, 1990, and 1991, American credited petitioner’s checking account with interest income relating to his participation interests in the Schanno note and the credit note 2The record does not indicate whether American issued a participation certificate to petitioner for his interest in the credit note.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011