- 13 - was similar to the first section, and it included a “Debt Assumption” provision “to memorialize, affirm and set out the oral Debt Assumption Agreement” along with another power of attorney form with similar provisions as those detailed above. Paragraph 5 of the power of attorney form, which differed from the prior form, provided Mr. Hoyt with the authority to execute: 5. Any promissory notes, bills-of-sale or other instruments required for the conduct of the Partnership business, including a certificate of assumption of primary liability form attached to promissory notes and held by the lender for which the UNDERSIGNED becomes personally liable directly to the lender for recourse debt of the Partnership in order to pay his initial capital contribution to the partnership. On July 31, 1991, Mr. Van Scoten signed a document titled “Subscription Agreement and Signature Page for Limited Partners”. This document contained provisions similar to those in the prior document, and it included another power of attorney form. The document purported to evidence a financial institution’s purchase of four “units” of the partnership Hoyt & Sons Ranch Properties, Ltd., at a cost of $2,000, to be held in trust for the benefit of Mr. Van Scoten. When Mr. Van Scoten signed the various partnership documents and power of attorney forms, he believed that petitioners would be required to repay the promissory notes signed on their behalf by Mr. Hoyt. Petitioners made substantial cash payments to the Hoyt organization during the years 1991 through 1997. In a summary of such payments prepared by petitioners, they estimate that thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011