Estate of Austin Korby - Page 22

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               The circumstances leading us to conclude above that the                
          payments from KPLP to the living trust were not management fees             
          also weigh against a conclusion that the sale of assets to KPLP             
          was bona fide.  The Korbys’ use of KPLP income for basic living             
          expenses is inconsistent with a finding of a bona fide transfer.            
          By drafting the KPLP agreement to allow the living trust to                 
          determine the amounts of its purported fees as general partner              
          and by making Dennis, with whom Austin had an implied agreement,            
          his cotrustee, Austin ensured that he and Edna would be provided            
          with sufficient income from the KPLP assets during their                    
               The estate argues that the creation of KPLP was bona fide              
          because Austin and Edna created KPLP to protect the family from             
          commercial and personal injury liability resulting from their               
          bridge-building business, as well as liability arising from                 
          divorce.  The estate points to provisions in the KPLP agreement             
          that prevented any partner from unilaterally forcing a                      
          distribution of partnership property and restricted transfer of             
          the limited partnership interests.  However, the estate has not             
          shown that the terms of the KPLP agreement would prevent a                  
          creditor of a partner from obtaining that partner’s KPLP interest           
          in an involuntary transfer.  The limited protection KPLP gave the           
          family and the other evidence in the record lead us to believe              
          that credit protection was not a significant reason for forming             

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