- 15 - resulting capital gain would be recognized using the installment sale method of accounting, and (2) the covenant not to compete payments made under the EOA, at $23,767 per month, would be taxed as ordinary income to Henry in the year received. The Baird, Kurtz letter also stated with respect to the $150,000 from Bryan used to fund the escrow account that “It is our understanding that you [Henry] owe Bryan $150,000, which will be repaid in 1990. Any additional amounts transferred to him [Bryan] would constitute gifts”. Baird, Kurtz attached a schedule to its letter entitled “CASH FLOW PROJECTIONS-–HENRY MISLE” which assumed, among other things, that Henry’s debts to Chevrolet and FirsTier would remain intact and would be amortized over 10 years and that Bryan would receive $150,000 from Henry in 1990 as repayment of Bryan’s loan. D. State Litigation In January 1991, disputes arose among HJA, Henry, Abram, and Julius relating to the EOA. Sometime before January 21, 1991, HJA stopped making payments into the sweep account under the EOA. On January 21, 1991, Henry and Bryan filed a lawsuit in the District Court of Lancaster County, Nebraska, against HJA, Abram,17 and Julius, alleging breach of the EOA (the State litigation). The defendants counterclaimed, alleging misrepresentation and a breach of covenants made by Henry in the 17During the course of the State litigation, Abram died and his estate was substituted as a party.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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