- 3 - the Foundation, which was created in 1983, out of the trust created by his mother’s will. As of the end of 1992, the Foundation had received contributions and bequests of $2,371,589. Mr. Hofheinz participated in several of petitioner’s business deals. Beginning in mid-1992, Mr. Hofheinz also made several unsecured personal loans to petitioner, totaling more than $1 million (i.e., ranging from $20,000 to $352,137). On September 28, 1992, petitioner was indicted for Federal income tax evasion. After the indictment, petitioner needed $200,000 to pay his attorney. He sought, but Mr. Hofheinz was unwilling to extend, another unsecured personal loan to petitioner. Petitioner and Mr. Hofheinz, however, entered an oral purchase agreement (agreement) for the Foundation to purchase the residence. At Mr. Hofheinz’s direction, the Foundation purchased the residence, which had a fair market value of $535,000. The agreement provided that in exchange for the residence petitioner: (1) Would receive $250,000 to pay his criminal attorney and other debts; (2) could later ask for, and receive, an additional $135,000; and (3) could continue to live in the residence rent-free for 3 years. Petitioner was responsible for payment of taxes and insurance on the residence, but he failed to pay the 1993 property taxes. Mr. Hofheinz believed that purchasing the residence was a good deal for the Foundation and that the purchase price was farPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011