- 163 - 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 bookPage: Previous 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Next
Last modified: May 25, 2011