- 6 - a promissory note in favor of David and Harvey (the Kotler Note). The Kotler Note provided for payment on April 1, 1992, of $305,000 plus 10 percent interest compounded annually. II. The USM Investment In 1988, a representative of USM Funding, Inc. (USM), approached Bonnie about an investment in USM. The representative informed Bonnie that USM was a factoring business that purchased accounts receivable from small businesses. At Bonnie's request, David investigated USM's operations. Upon completing his investigation, David informed Bonnie that an investment in USM would be profitable. Bonnie then discussed the investment with a USM representative and on December 18, 1988, executed a document entitled "SUBSCRIPTION AGREEMENT". The agreement provided that, after January 1, 1989, Bonnie would invest $300,000. On January 6, 1989, USM sent Bonnie a letter demanding receipt of the $300,000 on or before January 20, 1989. On January 17, 1989, Bonnie's will was executed. Her will provided that all property would pass to a spendthrift trust for the benefit of Rory. It further provided that David would serve as the executor and trustee. On January 28, 1989, Bonnie died. On March 17, 1989, David assumed his duties as executor of Bonnie's estate. In his role as executor, he responded to USM's demand letter. Because petitioner did not have sufficient liquid assets to make thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011