- 14 - execute any documents required by the entities holding liens for the transfer of titles to the equipment. The record also shows that during the year at issue B&L was able to pay off, as they fell due, installments of B&L’s promis- sory note which might have encumbered the B&L equipment.6 In this connection, B&L signed the B&L promissory note payable to Bank of Ashland around mid-May 1992. That note was in the principal amount of $900,000 and bore interest at 8.75 percent per year, which was to be paid in 36 installments of $28,528 that were to commence on June 13, 1992. The notes to B&L’s financial statements for the periods ended December 31, 1992 and 1991, show that at the end of 1992 the balance remaining on the B&L promis- sory note was $742,299. Thus, the record establishes that at least during 1992, the year at issue, B&L had the ability to, and did, satisfy its obligations under the B&L promissory note to pay the monthly installments of principal and interest due under that note. On the record before us, we reject petitioners’ assertions that 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 that “there was a realistic possibility 6Although the B&L promissory note states that B&L gave a security interest to Bank of Ashland in, inter alia, goods or property that B&L was purchasing and various vehicles, it is not clear from that note or the remainder of the record whether some or all of the B&L equipment was included within such goods, property, and vehicles.Page: 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