- 6 - cash-flow problems and was struggling to survive. Because its assets had already been leveraged, Gandy’s was unable to obtain financing from financial institutions. In 1990, petitioner, either directly or through his wholly owned corporation Continental Mortgage, advanced $300,000 to Gandy’s as follows: Date Amount 7/30/90 $100,000 8/13/90 40,000 8/13/90 60,000 12/11/90 100,000 Each of these four advances (the 1990 advances) was evidenced by a promissory note, each stating an 8-percent interest rate. The July 30, 1990, promissory note indicates a due date of December 31, 1991.7 The December 11, 1990, promissory note indicates a due date of December 11, 1991. The other two promissory notes were payable on demand. Gandy’s used the 1990 advances for working capital and to meet daily operating expenses. During 1991 or 1992, Gandy’s made no repayments of the 1990 advances. During 1991 and 1992, neither petitioner nor any other party made any additional advances to Gandy’s. 7 The note in the record regarding the July 30, 1990, advance is dated Dec. 31, 1990, and bears a handwritten notation that it “covers wire of 7/30/90”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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