- 34 - was familiar with. It looked like a good business opportunity to me, because I was well secured. And I was able to make a fee.” The minutes of the board of directors of IBC and the resolutions that relate to the authorization of guaranty fees to petitioner also show a lack of business initiative, and indeed reluctance, on the part of petitioner to make the guaranties. If anything, those minutes, the resolutions, and petitioner’s testimony indicate to us that petitioner made the guaranties to protect or enhance his investment interest in IBC and not as a part of a lending or financing trade or business. Further, it is not altogether clear that there was any agreement or understanding regarding guaranty fees in place before or contemporaneous with petitioner’s making of the various guaranties. Respondent suggests that the lack of assurance of receiving fees from IBC is inconsistent with petitioner’s claim of a trade or business of making guaranties. Respondent argues that the fees were not approved until the passing of the formal resolutions, that petitioner guaranteed debts before “his entitlement to the related guarantee fee became an approved fact”, and that his guaranties “can only be construed as gratuitous acts which he intended to protect and/or benefit his then existing interests in IBC”. Petitioner testified that the board’s resolutions authorizing the fees were made after he had guaranteed the various loans; however, he also testified that thePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011