- 31 - Here Michael did not even hire Mr. Blankstein until after decedent’s death, strengthening the inference that the partners had little concern for establishing any precise demarcation between partnership and other funds during decedent’s life. Closely related to the delay in opening the partnership bank account and consequent commingling of income is the delay in formally transferring the underlying portfolio assets to HFLP. No attempt was made to begin the process of title transfer until July 26, 1994, when decedent executed an allonge endorsement assigning the Marsh note to HFLP. No action was taken with respect to any of the other securities until September 29 and 30, 1994, when letters addressing transfer of the M.L. Stern & Co., Putnam, and Franklin accounts were drafted and an account with M.L. Stern & Co. was opened on behalf of HFLP. A letter requesting transfer of the Rockefeller Center Properties stock was not prepared until November 22, 1994. When Michael was asked on cross-examination to explain this delay between the effective date of the partnership and the formal transfer of assets into the entity, he replied: “Probably for different reasons, some mechanical delays and who we’re dealing with, but generally, there was no rush to do it. We were just doing it in an orderly fashion.” Next, in response to a further question asking why there was no rush, he continued: “There was no rush. I mean, we were just handling the businessPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011