- 9 - VII. G�nther's Financial Demise As of FYE May 31, 1990, the income statement of G�nther and its subsidiaries showed a net profit of $387,962. During FYE May 31, 1991, petitioner began advancing cash to G�nther so that G�nther could service its bank loans and meet its short-term financial obligations. As of FYE May 31, 1991, the income statement of G�nther and its subsidiaries showed a net loss of $414,443. Early in FYE May 31, 1992, G�nther management's interim reports to petitioner showed a fiscal-year-to-date loss of roughly DM 5 million ($3,012,500 approximately). From petitioner’s perspective, this result was a disaster. G�nther was unable to pay its bank loans and trade payables currently out of cashflow generated from its operations, and, consequently, petitioner had to advance the necessary funds to prevent a default by G�nther on the guaranteed bank loans. Sometime later in FYE May 31, 1992, G�nther’s management reported that a capital contribution in the amount of $2 million was required to avert statutory bankruptcy under German law. Petitioner made the requested contribution to capital after G�nther’s management projected significant improvement in operating results for the latter half of G�nther’s FYE April 30, 1992. Petitioner’s management first became aware of the true severity of G�nther’s financial problems during July 1992, whenPage: 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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