- 30 - number. That is required before a checking account is open. So I just made the determination that without a checking account and I wanted the flow of cash, what we would do is use the Morton B. Harper Trust account as a holding account, and then I instructed the accountant to properly credit and account for those funds. * * * This explanation, however, seems to beg the question. Had Michael sought promptly upon HFLP’s creation to establish a bank account, he would have been immediately alerted to the need for an EIN. Hence, he either neglected to attempt opening and/or using an account or allowed the lack of an EIN to continue for several months after having been reminded of its necessity. Both reflect at best a less than orderly approach to the formal partnership structure so pressed by the estate. Moreover, we find Michael’s reliance on post mortem accounting manipulations to be especially unavailing. Michael and Mr. Blankstein, HFLP’s accountant, each testified that no moneys actually changed hands in connection with the adjustments. In response to similar contentions in Estate of Reichardt v. Commissioner, supra at 154-155, we stated: The 1993 yearend and 1994 post mortem adjusting entries made by Hannah’s firm were a belated attempt to undo decedent’s commingling of partnership and personal accounts. There is no evidence that the partnership or decedent transferred any funds to the other as a result of the adjusting entries. After-the-fact paperwork by decedent’s C.P.A. does not refute that decedent and his children had agreed that decedent could continue to use and control the property during his life. [Fn. ref. omitted.]Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011