- 3 - Petitioners and their son, Gregory Dunnegan, owned all of the stock of Auto Plaza East, Inc. (Auto Plaza), which was incorporated in April 1991. Petitioners were the majority shareholders in Auto Plaza. Mr. Dunnegan was the president and Mrs. Dunnegan was the secretary of Auto Plaza. The primary business activity of Auto Plaza was the purchase and resale of used cars. Beginning in 1991, petitioners transferred funds to Auto Plaza to cover operating expenses and to purchase vehicle inventory. The funds were transferred to Auto Plaza in increments and on an “as needed” basis, depending on the vehicles purchased and the vehicles still in inventory. The funds received by Auto Plaza from petitioners were recorded as “loans from shareholders” in the bookkeeping records. There were no notes reflecting the transfers from petitioners to Auto Plaza. No collateral was provided by Auto Plaza to petitioners with respect to the transfers. There was no fixed repayment schedule between petitioners and Auto Plaza with respect to the transfers. Petitioners received payments from Auto Plaza only when funds were available, but they advanced more than was repaid. No record of repayments was maintained. Auto Plaza attempted to obtain financing from several banks for its inventory but was not able to obtain traditional bank financing without a personal guaranty from petitioners. AutoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011