- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011