- 17 - 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-lengthPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011