- 5 - Under the MMS/Huntington Loan line of credit, MMS was allowed advances of up to $250,000 per modular or mobile diagnostic unit under contract. Interest at a rate of one-half point above Huntington's prime rate was payable monthly on the outstanding principal advanced. MMS executed a promissory note and granted Huntington a first security interest in MMS's accounts, inventory, equipment, fixtures, and receivables as security for the MMS/Huntington Loan. In addition, petitioner executed an unlimited guaranty for MMS's indebtedness, secured by a second mortgage on his personal residence, and each member of the Rapp Group executed limited guaranties which in the aggregate were equal to the entire $1 million authorized indebtedness. The Rapp Group guaranties were collateralized with shares of Danek Group, Inc. (Danek), a publicly traded stock with an aggregate value that exceeded $1,000,000 when the MMS/Huntington Loan was executed. MMS's annual operating losses accumulated, and petitioner had insufficient basis in the corporation to deduct them currently. As of December 31, 1991, petitioner had suspended net operating loss deductions from MMS as follows: Suspended net operating loss from 1990 $540,506 Suspended net operating loss from 1991 87,322 Total 627,828Page: 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