- 12 - deductions on its 1997 income tax return. However, that return is not consistent with its financial statements, which show a net loss of $20,875 before net operating losses are considered. The estate contends the funds from the stock subscription agreement reduced Advance Leasing’s debt obligations, made the balance sheet cleaner, and made it easier for the company to secure outside financing. Despite this claim, Advance Leasing did not receive the funds until after decedent died. Advance Leasing’s financial situation remained poor on April 29, 1997. James McBride (an attorney for Advance Leasing and the brother of McBride) testified that Advance Leasing and its business had negligible, if any, value when the stock subscription agreement was entered into on April 29, 1997. James McBride advised his brother regarding the stock subscription transaction, and he drafted the stock subscription agreement and the $400,000 promissory note. James McBride stated that it would have been futile for HELP to demand full payment by Advance Leasing because Advance Leasing lacked the ability to repay the more than $864,000 it owed to HELP at the end of 1996. James McBride testified that HELP wanted Advance Leasing to survive in the hope that it would generate income and repay its debt to HELP. James McBride’s testimony is corroborated by the estate tax return for the Estate of Bob Hughes and the Advance LeasingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011