- 37 - Q When? A --because I’m not an accountant. Q When did you ask him to double-check you on that? A Regularly. The foregoing exchange solidifies our belief that moneys were not remitted to the Trust in a calculated effort to comply with the 4.25-percent entitlement. The vague nature of the testimony makes clear that the guaranteed payment averments are nothing more than an attempted after-the-fact justification for Michael’s actions. In addition, given that Mr. Blankstein was not engaged until March or April of 1995, after decedent’s death, his help was unavailable to Michael for purposes of any of the 1994 or early 1995 distributions, a circumstance which apparently did not deter Michael from proceeding despite his admitted lack of accounting expertise. There are also questions with regard to whether profit and loss allocations called for by the Agreement should have been made prior to any distribution of funds. In any event, we are satisfied that respect for the Agreement was not the catalyst for the disproportionate distributions made to the Trust. We are equally unimpressed by the estate’s references to the fiduciary capacity in which Michael purportedly acted as managing general partner. The estate claims: “Michael, as the managingPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011