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Y <br /> Mr. William Attwater <br /> October 27 , 1992 <br /> page 2 <br /> Section 1896 gives the mechanism as to how to assess the <br /> dollar volume in the above sections by succinctly defining a <br /> small business in stating "annual receipts" is defined as <br /> "all pecuniary reciepts. . .of a business concern from whatever <br /> source derived as entered or to have been entered on its <br /> regular books of account for its most recently completed <br /> fiscal year. " Under this interpretation, annual receipts are <br /> those receipts directly from the "business concern. " Under <br /> this Section Marlowe properties clearly deserves placement in <br /> the Priority Category B because its total gross revenues <br /> fall under the $3, 000, 008 limit by over $65, 000. <br /> The criterion given by the board in their calculation of <br /> annual, receipts "includes but is not limited to all gross <br /> receipts , wages, and pensions, interest, dividends, capital <br /> gains, rents and royalties" from whatever source. Clearly, <br /> this criteria violates the provisions of Section 1896 . <br /> In addition, I also support Mr. Marlowe's contention that the <br /> category that Marlowe Properties has been placed in is not <br /> suitable for characteristics of his company. I agree with <br /> Mr. Marlowe's assertion that a new category should be created <br /> with a similar limit for the existing automobile leasing <br /> category since there are more overlapping qualities . <br /> There is sufficient reason for the board to reevaluate <br /> Mr. Marlowe's petition and to place Marlowe Properties in <br /> Priority Class B. If you have any further questions please <br /> do not hesitate to contact my office. <br /> With best regards, <br /> &E . DAL <br /> Member of the Assembly <br /> DFA:ms <br />