- 10 - Mr. Renbarger attributes the more-than-2-year lag in payment to respondent’s failure to consent to a release of the funds. We disagree. As respondent explains, the escrow agreement stated that the funds could be released either when respondent sent a closing letter to the escrow agent or “otherwise [consented]”. Respondent consented on June 6, 2001, in a letter specifically requesting the estate to provide a “check for $1,564,405.89 plus interest, which is currently being held in escrow”. Despite this consent to release, Mr. Renbarger continued to wait another year before he transmitted the funds to respondent, and even then transferred only a portion of the full escrow amount. Mr. Renbarger also ignored advice from his tax adviser, who specifically recommended that he transmit the escrowed funds to respondent earlier. Mr. Renbarger cavalierly explained that he knew the funds belonged to respondent and that he expected respondent to come and collect the money when he was ready. The estate benefited from the additional interest that accumulated on the escrowed funds in the meantime. We find that the estate failed to exercise ordinary business care and prudence in waiting more than a year to transmit the escrowed funds to respondent, contrary to respondent’s explicit consent and contrary to the advice of the estate’s tax adviser. III. The Estate’s Plan To Pay the Federal Estate Tax We turn now to the merits of Mr. Renbarger’s “plan” to raise capital to pay the estate’s Federal estate tax. The planPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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