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in other employment, and no services were performed or expected
of them for these payments.
We hold that the Hyatt payments, less Weaver's 30 percent,
were attributable to services provided by Kanter, Ballard, and
Lisle.
2. The Frey Arrangement
Frey was engaged in the business of converting apartment
complexes into condominiums. Frey agreed to share fees with
Kanter in any project for which Kanter provided investors.
Frey's agreement that he would share development and
management fees with Kanter was formalized in two separate
written agreements each dated October 12, 1981. One agreement
was between Frey and IRA's subsidiary Zeus, and the other
agreement was between Frey and Holding Co.
The written agreement with Zeus covered development fees and
profits shares from all condominium conversions of property of or
for Prudential, including all prior and future conversions. The
agreement did not provide for termination by either party and did
not require Zeus to provide any funds or services.
All of Zeus' income was attributable to the payments from
the Frey corporation, interest income, and income from
partnerships. The commission payments from Frey were unrelated
to Zeus' investment in the partnerships. Zeus did not provide
any capital or services for the commission payments. Frey agreed
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