- 570 - Hargens or to collect on the note, nor was any persuasive evidence presented to show that this note became worthless in 1987. With respect to the note receivable from Cedilla Invest., Kanter testified that "It had no assets, as best I recall, that could be assessed effectively to recoup this note". This statement is not sufficient evidence to establish that the alleged note became worthless in 1987. It lacks any foundation in Kanter's personal knowledge of Cedilla Invest.'s assets. In addition, the balance sheets of Cedilla Invest. included in IRA's 1986 to 1989 tax returns show that Cedilla Invest. had total assets of $10,008,632, $526,374, $526,374, and $575,896 at December 31, 1986, 1987, 1988, and 1989, respectively. IRA presented no evidence that the fair market value of these assets was less than the liabilities of Cedilla Invest. IRA's returns also show that Cedilla Invest. earned total income in the amounts of $443,762, $52,656, and $11,702 for 1987, 1988, and 1989, respectively. These returns indicate that Cedilla Invest. had assets with which to pay the alleged note receivable, that Cedilla Invest. continued to be a going concern after 1987, and, therefore, that the Cedilla Invest. note had current liquidating value or potential value.Page: Previous 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 Next
Last modified: May 25, 2011