- 23 - disinterested witness. Mr. Hite testified that the purpose of the transaction was an “estate freeze”, a legitimate estate planning technique to move an appreciating asset out of decedent’s estate.16 He further testified that Nikita Maggos’ attorney, Victor Brezman, had planned the transaction. Mr. Hite did not question the redemption price that decedent and her son, Nikita Maggos, had agreed upon because it satisfied decedent’s 16Mr. Hite testified: Q And do you know who planned this transaction? A It was Mr. Bezman. Q And did anyone describe the reasons for the transaction? A Right; he explained that the value of this Pepsi-Cola bottling company was going up, and that they wanted to stop the value from going up any higher in Mrs. Maggos’ estate, so they wanted to freeze it at the present value. Q They wanted to freeze it at the present value? A Right. Q Does a transaction--in the jargon of your trade, does the--this transaction have a name? A Well, it’s an estate freeze, is what it is, yes. Q And were you aware of a concept of an estate freeze prior to this meeting? A Yes, of course. Q Did you have any personal reservations about the legitimacy of an estate freeze? A No; it’s a perfectly legitimate legal transaction. Q Are there any parameters in which the transaction should fall? A Well, when you say, “Freeze it at present value,” obviously the price the transaction is being placed at should be the fair market value of the property, the present fair market value of the property. Q Uh-huh. Was this meeting that occurred in your office a negotiating session? A No, it wasn’t. It was--they came in, they said that they had reached this agreement with Mrs. Maggos, and that she was going to redeem her stock at the $3 million figure.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011