- 44 - Machise but subsequently assigned to MPC. There is no evidence that MPC issued any note for $1,974,901. A summary of the effect of the MIT 82 Termination Agreement shows the following: Owed by MPC to MIT 82 as unpaid $2,307,059 compensation fee Accepted by MIT 80 in full satisfaction of (1,974,901) amounts owed by MPC; this amount to be used to offset Partners' notes to Machise Amount forgone by MIT 82 in unpaid 332,158 compensation fees Fred designed the Termination Agreement so that everything would "zero out". He signed it under the heading "Bryen & Bryen, P.A." on behalf of both MIT 82 and MPC. Fred explained "the whole reason they [the MIT 82 partners] did it is to get rid of the risk. They owed $2 million and if Machise [sic, read "MPC"] did not pay the compensation fee, these partners would be after me with guns." Partnership Income of MIT 82 For the year 1986, MIT 82 reported partnership taxable income of $428,142. This amount included the $473,458 payment, in the form of a Machise demand note, of compensation fee income, plus interest from BBPA of $30,669, less $75,985 in accounting fees and management expenses to BBPA. For the year 1987, MIT 82, like MIT 80, changed its method of accounting from the cash method to the accrual method, reflecting the new requirements of the Tax Reform Act of 1986. MIT 82 accordingly reported partnership taxable income of $840,069 for 1987. This consisted of $637,316, one-fourth of thePage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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