- 5 - In the March 2, 1990, addendum to the written purchase contract between petitioner and Boats, Yachts & Ships, it was stated that approximately $300,000 of the proceeds to be received from petitioner on his purchase of the Feadship would be used by Boats, Yachts & Ships to pay for a “complete refurbishment” of the Feadship. Although Mark Mogul and Norman were not required to share in either the subsequent costs of restoration or maintenance of the Feadship, in the written contract dated March 1, 1990, petitioner agreed to share with Mark Mogul and with Norman all of the profits realized on a subsequent sale of the Feadship by petitioner. Under this contract, on a subsequent sale of the Feadship, petitioner was to retain 75 percent of any profits, and Mark Mogul and Norman were to divide equally 25 percent of any profits. At the time of his purchase of the Feadship in March of 1990, petitioner had no written business plan for the restoration and resale of the Feadship, and, at trial, petitioner had no recollection as to how the above percentage split of any profits that might be realized on a resale was agreed to. On May 9, 1990, a second marine survey of the Feadship was prepared. Therein, it was stated that the fair market value of the Feadship was $1.85 million, that if the Feadship was restoredPage: 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