- 11 - increased to $5,350,000. On June 13, 1994, Mrs. Harrison, Myron, and Ralph, and, on June 14, 1994, James separately executed continuing guaranties of “any and all indebtedness” of petitioner and Rentals to Bank of America up to the sum of $7.5 million. Loan 2 increased the overall line of credit from Bank of America to petitioner and Rentals to approximately $7 million. On August 25, 1995, Mrs. Harrison, Myron, Ralph, and James jointly and severally guaranteed the obligations of petitioner and Rentals as lessees under a truck lease with an independent third party, BA Leasing & Capital Corp., as lessor. A corporate resolution executed on the same date by Myron and Ralph on behalf of petitioner limited the aggregate cost of the trucks subject to the lease to $1 million. After the audit years, on April 14, 1998, Mrs. Harrison, as trustee of the Survivor’s Trust, created under the E.J. Harrison Family Trust, and James and Mary Harrison, as trustees of the James E. Harrison Family Trust, executed a continuing guaranty in favor of Bank of America securing a line of credit to petitioner and Rentals in the sum of $16 million. That guaranty replaced the earlier, lesser guaranties executed during the audit years. During the audit years, petitioner used the line of credit from Bank of America to place in service equipment costing in excess of $3.6 million. Petitioner has never defaulted on any ofPage: 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