- 32 - once the partnership was established. MSL provided the day-to- day management services for the properties both before and after the creation of the partnership. The tenants of the LKHP properties were unaware of the supposed change in ownership. Decedent continued to use Sea Shell’s bank account for the partnership income, contracts and leases that were executed after the formation of the partnership remained under Sea Shell’s name, and bills remained in Sea Shell’s name. Representations were made to third parties, including to a mortgage broker and a lender during the Nordica refinancing, that decedent owned and remained in control of the LKHP properties. Hays also testified that decedent did not expect that the partnership would change the relationship between decedent and Hillgren or change decedent’s role in the management responsibility for her property. Moreover, Hillgren told Goldenberg during the examination that he took over management control of the properties subject to the BLA and that he also controlled the day-to-day functions of decedent’s other properties. This arrangement did not change as a result of the partnership agreement. Respondent notes an apparent initial intent to transfer decedent’s personal residence as shown in the partnership’s financial statements, which were adjusted after decedent’s death. The later adjustment was an attempt to reverse the initialPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011