- 111 - termination agreements under the heading "Bryen & Bryen, P.A." on behalf of both the partnerships and MPC. Fred explained "the whole reason they [the partners] did it is to get rid of the risk. They owed $2 million and if Machise [MPC] did not pay the compensation fee, these partners would be after me with guns." The partners' notes were uniformly marked "Paid 1-1-88". The partners themselves had nothing to do with the terminations; the partners who testified were not aware until later that the termination agreements had been signed and that the terminations had happened. Their liabilities were canceled, along with any hope that they would recover any money from their investments. The termination agreements also relieved the entity variously known as Intercoastal/Machise/MPC of any meaningful liability. The agreements terminated its obligations to MIT 80, MIT 82, MIT 83, and MIT 84 entirely. The termination agreements thereby deprived the employee leasing arrangements of any vestiges of economic substance that they might conceivably have had. When Fred executed the termination agreements, he may have prevented the investors from coming after him "with guns". He also, however, cut out any ground for claiming that the transactions had any valid tax effects. With respect to MIT 85 and MIT 86, there were no termination agreements. Fred nevertheless knew by the turnaround time, when the notes payable to those partnerships would become due, thatPage: Previous 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Next
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