Estate of Ida Abraham, Deceased, Donna M. Cawley, and Diana A. Slater, Administratrixes - Page 8

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          estate trusts, the property had a total value of $1.8 million or            
          $900,000 to each trust.  According to an analysis that Mr.                  
          Michael Lipof, an appraiser, performed, the Walpole property had            
          a value of $550,000 as of December 31, 1995.  At the time that              
          the aforementioned properties were transferred, they were all               
          subject to long-term leases with independent third parties.                 
               (2) Each of the aforementioned real estate trusts had as its           
          100-percent beneficiary a separate FLP.  In October 1995, the               
          following FLPs were formed:  The RMA Smithfield/Walpole Family              
          Limited Partnership (RMA FLP), the DAC Tyngsboro Family Limited             
          Partnership (DAC FLP), and the DAS Tyngsboro Family Limited                 
          Partnership (DAS FLP).  On October 6, 1995, the Smithfield                  
          property was deeded to the RMA FLP.10  The stated purpose of the            
          FLPs was to “acquire, own, hold, sell, invest, reinvest and                 
          otherwise deal with the Property and any other investments.”                
          Under the FLP agreements “all income, deductions, profits, losses           
          and credits shall be allocated among the Partners in proportion             
          to their respective Percentage Interests.”  With respect to                 
          distributions:                                                              
               If the General Partner shall determine that there is cash              
               available for distribution, such cash shall be applied and             
               distributed:                                                           
                         (a) First, to the discharge, to the extent                   
                    required by any lender or other creditor, of debts                


               10See supra note 8.  According to Mr. Lipof’s letter dated             
          Dec. 31, 1995, the value of the Smithfield property was $320,000.           




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