Timothy J. Phelan and Deborah A. Phelan - Page 17

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         approximately $3 million of accrued interest.  In addition,                  
         Colorado Structures also purchased newly issued 1998 and 1999                
         Triview bonds.                                                               
              Centre financed $1.5 million of the purchase price of the               
         bonds through loans obtained through two utility companies.                  
         Centre subsequently refinanced the $1.5 million through CNB.                 
         Under a separate agreement, the utility companies agreed to                  
         commit the $1.5 million they received from Centre’s repayment of             
         the loans to Triview.  In exchange, Triview issued new bonds                 
         totaling $1.5 million to the utility companies.  The $1.5 million            
         in new working capital assisted Triview in performing development            
         activities, but neither Centre or JCLC had the ability to control            
         the purpose for which the funds were used.  Further, there is no             
         evidence in the record to support respondent’s assertion that                
         land owned by JCLC, and not other property within the Triview                
         district, was the recipient of Triview’s development activities              
         resulting from this infusion of cash.                                        
              With respect to the bond purchases, respondent makes much of            
         the fact that petitioner, his brother, and Oldach each owned                 
         identical interests in Centre and JCLC, as well as being officers            
         of Colorado Structures.  As such, respondent argues that the bond            
         purchases caused Triview to act on JCLC’s behalf or under its                
         direction.  Respondent’s argument, however, fails to take into               
         account the fact that the bond purchases were all arm’s-length               






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