- 4 - enough below its $630,000 tax assessment value that it would allow the Foundation a substantial profit. In 1992, petitioner entered into a plea bargain relating to the Federal income tax evasion indictment. The plea bargain required him to pay fines and back taxes of $135,000. Pursuant to the purchase agreement, on June 3, 1993, Mr. Hofheinz transferred to petitioner an additional $135,000 of Foundation funds. Petitioner and Mr. Hofheinz’s relationship deteriorated in 1995. In 1996, after Mr. Hofheinz began proceedings to evict them from the residence, Mrs. Graham filed a bankruptcy petition. In the bankruptcy proceeding, Mrs. Graham contended that the sale was invalid because petitioner had no interest in the residence owned by Bluff Creek and, therefore, could not sell it. Although a backdated document (i.e., signed by Mr. Hofheinz and petitioner sometime after June 3, 1993) stated that the $135,000 payment was for the Grahams’ furniture, the furniture remained in their possession. During Mrs. Graham’s bankruptcy proceeding, the Foundation did not file a claim relating to the furniture, and Mr. Hofheinz testified that the additional $135,000 was consideration provided to the Grahams in exchange for the residence. The bankruptcy court concluded that the 1992 transaction was a sale of the residence to the Foundation but did not determine what constituted the consideration exchanged forPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011