- 10 - November of 1991, the remaining Square Pan Pizza restaurants were sold to Sbarro, Inc. (Sbarro), an unrelated entity. The sale of these restaurants to Sbarro resulted in a taxable gain to Square Pan of $1,417,271. At the time of the sale to Sbarro, Partrick discussed the $1,417,271 taxable gain with representatives of Arthur Andersen & Co., who informed Partrick that deductions could be generated that would offset the $1,417,271 taxable gain. On May 4, 1992, at a special meeting of the board of directors of Square Pan, the directors adopted a resolution that purported to treat the $3,751,940 difference between Peoplefeeders’ total cash receipts and Peoplefeeders’ expenses and loan payments that had been paid out of the Intercompany bank account as a $3,751,930 debt obligation of Peoplefeeders to Square Pan and that purported to cancel that debt obligation as uncollectible.2 In the resolution adopted by the board of directors, the stated reason for the cancellation of the purported $3,751,930 debt obligation was that no repayments had ever been made by Peoplefeeders on the purported debt obligation and that due to the financial condition of Peoplefeeders there existed no prospect of collecting any part of the debt obligation. 2 The $10 discrepancy between the $3,751,940 difference and the $3,751,930 purported bad debt obligation is not explained in the record. Hereinafter, we refer only to $3,751,930.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011