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On January 14, 2002, Mr. Lindenbaum notified Mr. Sherland by
telephone that the value in the proposal was not acceptable (the
January 14, 2002, telephone conversation). In this conversation,
Mr. Lindenbaum explained that he calculated a value of $1,124,410
for the limited partnership on the date of death, based upon its
value of $1 million in 1987. Mr. Lindenbaum offered to fax Mr.
Sherland his “chicken scratchings” to show how the $1,124,410
value was calculated.
On that day, Mr. Lindenbaum faxed Mr. Sherland his
calculations which mistakenly valued “decedent’s partnership
interest” at $1 million on the date of death (the January 14,
2002, fax). Mr. Sherland realized upon receipt of the fax that
the $1 million figure was less than the value Mr. Lindenbaum
proposed earlier that day. Mr. Sherland did not contact Mr.
Lindenbaum regarding the discrepancy. Mr. Sherland contacted Mr.
Whoriskey, Mr. Goulding, and Ms. MacDougall regarding Mr.
Lindenbaum’s proposal of a $1,124,410 value and informed them of
the discrepancy in the faxed document. Mr. Goulding advised Mr.
Sherland not to contact Mr. Lindenbaum regarding the discrepancy.
The estate’s representatives also advised Mr. Sherland to agree
to the $1 million figure in the January 14, 2002, fax.
On January 16, 2002, Mr. Sherland sent a fax to Mr.
Lindenbaum in which Mr. Sherland agreed to Mr. Lindenbaum’s $1
million figure contained in the January 14, 2002 fax. On the
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