Estate of Lea K. Hillgren, Deceased, Mark Hillgren, Executor - Page 39

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          however, was sophisticated in real estate and business matters              
          and was aware that Albrecht was interpreting the partnership                
          agreement in a way that was incorrect.  During trial, Hillgren              
          admitted that he knew better and that he had negotiated better,             
          yet he was willing to take the inconsistent positions on the                
          returns knowing that it would benefit his children and,                     
          implicitly, that he would avoid or reduce tax on the                        
          distributions.                                                              
               Respondent also questioned why Albrecht instructed                     
          M. Higgins to appraise the limited partnership interest as though           
          Hillgren had a 25-percent profit interest, although the                     
          partnership tax returns were filed with a .05-percent interest.             
          Respondent’s questions related to a letter written by Albrecht to           
          Higgins, Marcus & Lovett, Inc., regarding how to appraise                   
          Hillgren’s interest.  Albrecht testified as follows:                        
               Q    You advised Mark Higgins to appraise the                          
               partnership interest as though Mark Hillgren had a                     
               25 percent profits interest in the partnership,                        
               correct?                                                               
               A    Well, I don’t know if I did or not, or whether                    
               I’m--                                                                  
               Q    You can take a minute and look at the letter if                   
               you need to.                                                           
               A    Well, I don’t know--I just don’t recall, I--this                  
               letter is obviously written as a response to the report                
               that they had written and I would have to compare it to                
               the report to see what I actually recommended by this.                 
                    I--it’s obviously something that I had my office                  
               type up, and I signed the letter, but I would have to                  





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