- 238 - 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 agreedPage: Previous 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 Next
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