- 5 - time, Mr. Turner offered to forgive petitioner’s $22,000 debt to Union Machine and to pay petitioner an additional $10,000 for his ownership interest. Petitioner did not accept the offer. Since leaving Union Machine, and through the year in issue, petitioner did not sign any document purporting to relinquish his interest as a shareholder in Union Machine, nor did he take any legal action to terminate such interest in Union Machine. In addition, Union Machine has not provided petitioner with any consideration in exchange for redemption of his shares, and Mr. Turner has not commenced a declaratory judgment action to become the sole shareholder.8 In July 1999, petitioner filed for bankruptcy protection under chapter 7 of the Bankruptcy Code. In his bankruptcy filing, petitioner disclosed his shareholder interest in Union Machine but did not assign a value to it. The bankruptcy court, however, did not administer petitioner’s shareholder interest as part of the bankruptcy estate. In November 1999, the bankruptcy court discharged, inter alia, petitioner’s Household Finance loan and his debt to Union Machine of $22,000.9 On December 7, 1999, Union Machine held its annual meeting 8 Since late 1998, Union Machine has not had an occasion requiring action by a two-thirds vote of the stockholders. 9 Around this time, Mr. Turner again offered to buy petitioner’s ownership interest. Petitioner did not accept this offer.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011