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Rogers, however, received $32,500 from the 1997 sale of the
properties.
Discussion
We must first decide whether, during 1991, Mr. Rogers
received a compensatory interest in the nonhospital properties as
payment for his services in arranging the transaction between AMH
and Vista. Because respondent raised this issue for the first
time in the amended answer, respondent bears the burden of proof.
Rule 142.
Respondent contends that a compensatory interest in the
nonhospital properties was transferred to Mr. Rogers during 1991
as payment for his services in arranging the transfer of the
hospitals from AMH to Vista. None of the numerous stipulated
documents, however, refer to any such payment. Rather, the
stipulated documents show that Alpha Hospital received $475,000
for the transfer of its rights to the hospitals and nonhospital
properties from AMH. Additionally, Alpha Hospital was awarded
lucrative management contracts at both hospitals for which it was
to be paid a combined $600,000, plus 2 percent of the net patient
service revenues annually. The only documentary evidence of Mr.
Rogers' interest in the nonhospital properties is the agreement
dated January 15, 1991. In that agreement, Mr. Rogers
transferred his interest in the contract between Vista and AMH,
with respect to the nonhospital properties, to Great Western in
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