- 14 - current market prices, much less sacrificial prices or, for instance, received an offer at a sacrifice price. Additionally, Mr. Renbarger’s braggadocio at reaping large profits from sales after the payment due date further undermines his argument that he could sell only at sacrifice prices. Mr. Renbarger claimed the plan was succeeding because “it brought in at least 40 percent more value to the estate” when the properties sold after the due date at his original asking prices. When asked whether he received fair values, Mr. Renbarger testified that he got “way more than the appraisal” on the properties. The record therefore demonstrates that Mr. Renbarger’s dominant motivation was to reap a profit rather than pay by the payment due date. The estate’s failure to list properties with a realty company before the due date also exhibits a lack of ordinary business care and prudence. Mr. Renbarger’s explanation was merely that he wanted to save the 6- to 8-percent commission. Avoiding fees cannot constitute reasonable cause for paying late, however, particularly where the estate had virtually no success of its own in selling property. A more prudent course would have been to hire a realty company when it became apparent the five properties advertised for sale would not sell by the payment due date.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011