- 12 - Petitioners advance a number of contentions to support their position that during the year at issue Mr. Enyart received only the right to use the B&L equipment, including the following: (1) The B&L equipment was subject to “virtually 100% financing” at the time it was transferred to Mr. Enyart; (2) the agreement states “that Petitioners shall have use of such [B&L] equipment until the financed amounts have been paid by B&L”; (3) B&L “was in a dire financial position and its ability to pay off the substantial amount of debt encumbering the equipment was in grave question”; and (4) “there was a realistic possibility that B&L would be unable to make the payments without the bank actually taking repossession of the equipment leaving petitioners without the equipment that was transferred pursuant to the agreement.” The record does not support the foregoing contentions of peti- tioners. The agreement states that at the time the B&L equipment was transferred to Mr. Enyart it was subject to some unspecified amount of liens; it does not state, as petitioners contend, that that equipment was subject to “virtually 100% financing”. Furthermore, contrary to petitioners’ contention, the agreement provides that only if the lending institutions holding the liens to which the B&L equipment was subject objected to the transfer by B&L of that equipment (or any part thereof) to Mr. Enyart, so that such a transfer by B&L could not be effected, was Mr. EnyartPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011