- 10 - Well before the audit years, the family formed Rentals, which purchased trucks from petitioner. Since that time, petitioner has leased most of its trash hauling trucks from Rentals. During the audit years, Rentals was owned 55 percent by Mrs. Harrison and 15 percent each by Myron, James, and Ralph. Loan Guaranties Before the audit years, the California legislature passed a recycling law (known as AB 939) that required California cities to recycle 50 percent of their waste, all of which had previously been dumped into landfills. In order to comply with AB 939, petitioner was required to supply each of its individual customers with three barrels instead of one: A trash barrel, a recycle barrel, and a green waste container for lawn or grass trimmings. In order to raise the cash needed to purchase the additional barrels and related equipment, petitioner and Rentals arranged for loans from Bank of America. On June 1, 1992, and on May 3, 1996, Bank of America, as lender, and petitioner and Rentals, as borrowers, entered into business loan agreements (loan 1 and loan 2, respectively). Loan 1 provided a $1.5 million line of credit secured by the personal property financed by the loan and was conditioned, in part, on the execution of guaranties by Mrs. Harrison, Myron, James, and Ralph, each in the sum of $1.5 million. Pursuant to amendments to loan 1 dated August 14, 1992, and June 13, 1994, the line of credit wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011