- 16 - Angelo testified that it was common for him to advance to the other owners the funds to pay the expenses on a property. He further testified that he treated the advances as loans and interest accrued on the advances.8 Angelo also stated that he does not pursue collection on these loans actively. For example, Angelo testified: I got a call a few days ago from a fellow by the name of Sammy C. Actually, not him, got a call from an agent that says “Hey, Sammy has on his financial statement that he owes you money from 1985.” But Sammy was–-couldn’t pay for a long time. “Well, is he going to pay you?” “Yeah, he’ll pay me.” “When?” “Well, when he can.” He’s not a relation or anything. I’ve never filed a lawsuit against him. He has sufficient money for me to go after him but I’m not going to break the guy to collection a few hundred thousand dollars. In addition, petitioner testified that he considered the advances to be loans that he still owed and intended to pay back. Upon the basis of the record, we find the amounts advanced to petitioner by Angelo still owing. Therefore, we hold that 8 Angelo’s accountant, Mark Enes, further testified that Angelo did not favor petitioner on the interest rate charged to petitioner.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011