Estate of H.A. True, Jr. - Page 80




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          the analyzed period, Eighty-Eight Oil increasingly became more              
          liquid than the industry.                                                   
              During the period 1988 through 1994, overall partners’                  
          capital contributions exceeded withdrawals by approximately $60             
          million. However, in the most recent of those years (1993 and               
          1994) total withdrawals exceeded contributions by over $36                  
          million.  Under the partnership agreement, additional capital               
          contributions were to be made in the same percentages as the                
          profit and loss sharing ratios.  However, the partners’ capital             
          account balances were often not in proportion to their profit and           
          loss sharing ratios.  For example, Dave True’s capital account              
          balance at the end of 1992 was $7,046,509, while total partners’            
          capital was $43,590,998.  This gave Dave True a 16.17-percent               
          interest in total partners’ capital, as compared with his yearend           
          profit and loss sharing ratio of 68.47 percent, according to the            
          partnership agreement dated August 11, 1984, and the 1992                   
          schedule K-1.  Petitioners explained that disproportionate                  
          capital accounts were unique to Eighty-Eight Oil, which operated            
          as a bank that held excess cash for the True family, and did not            
          reflect the operations of the other True family partnerships.               
              The day before selling part of his interest in Eighty-Eight             
          Oil to his sons as of January 1, 1993, Dave True contributed over           
          $6 million to partners’ capital.  In accordance with the                    
          partnership agreement, he then sold 24.84 percent of his Eighty-            
          Eight Oil partnership interest to his sons based on the book                





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