- 7 - purported revolving credit note (revolving credit note), and the note reflects no maturity date. The note makes general reference to an obligation of petitioner to make a loan to Blackland. Petitioner, however, is not a signatory on this revolving credit note. As was the first, this second revolving credit note was executed by the president of Blackland at the direction of petitioner. No negotiations or arm’s-length discussions on behalf of Blackland occurred in connection with the terms of the March 10, 1995, $2.5 million revolving credit note. Again, no separate written loan agreement or line of credit agreement to be associated with this second revolving credit note is found in the record. Beginning in July of 1993, and in 1994 and 1995, petitioner transferred funds to Blackland in the total cumulative amount of $3,545,020, and Blackland transferred funds to petitioner in the total cumulative amount of $724,480. Blackland’s monthly balance sheets as of July 31 and August 31, 1993, reflect the funds received from petitioner in those 2 months as “shareholder loans”, even though petitioner claims not to have been a shareholder of Blackland. Beginning in September of 1993 and through 1996, the funds transferred by petitioner to Blackland were classified on Blackland’s monthly balance sheets as “Note Payable-Moccasin Farms”.Page: 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