- 461 - for more than an insubstantial amount ($27,949).55 In this regard, he testified how he determined the note's stated purchase price: [Petitioner's counsel]: * * * With respect to [the] Victorian Village [note] * * *, please tell the Court why that was sold for $27,949 and a loss of $283,929 was taken? Would you please tell the Court why you would have sold this note at such a substantial discount? [Kanter]: Well, at the time, it was my judgment it was worth no more that the amount that was received. This was a real estate timeshare project out West. We thought that it could run very successfully and the units in it were sold on a timeshare basis effectively. That did not turn out to be the case, and despite a series of efforts at refinancing, one of which took place and the others which did not, the property was at a point--I 55 The Court finds Kanter's arguments with respect to the bona fides of this transaction and other transactions with MAF inconsistent and, at times, contradictory. For instance, in proposed findings on the Victorian Village note transaction, Kanter, in his opening brief, acknowledges Morrison's (MAF's president) testimony that MAF purchased various assets from Kanter as "an accommodation". Yet, on reply brief, he asserts somewhat differently that Morrison's testimony did not necessarily refer specifically to the Victorian Village note transaction. His testimony, it is now asserted, pertained only to those notes for which MAF "paid" $1. It is argued that "He did not testify that collectibility of the Victorian Village note was not a concern * * * [to him] or MAF. Considering the size of MAF's investment, $27,949, it would be unreasonable to assume, in the absence of explicit testimony, that collectibility was not an issue to MAF when acquiring the Victorian Village note." The Court notes that there was ample opportunity, during the trial, to clarify Morrison's testimony on this point. No attempt was made to ask Morrison whether he had examined and inquired into the Victorian Village note's collectibility. Considering the fact the Morrison received no compensation for being MAF's president, the Court does not believe that he did make such an examination or inquiry. The Court has determined in its findings that Morrison and MAF failed to examine and consider the collectibility of the notes "purchased" from Kanter.Page: Previous 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 Next
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