Estate of Edna Korby - Page 17

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               The estate argues that the cash payments that KPLP made to             
          the living trust and the payments of the Korbys’ home expenses              
          were management fees paid for Austin’s services as a money                  
          manager for the KPLP assets.  The estate further claims that                
          Austin and Edna were financially able to transfer their income-             
          producing assets to KPLP because they expected the living trust             
          to receive management fees that would provide enough income to              
          them.  We do not believe that the payments to the living trust              
          were management fees.  The purported fees amounted to $19,334 to            
          $38,750 in each of the 4 years before the Korbys died.  The                 
          amounts were used by the living trust to pay Edna’s nursing home            
          costs of over $30,000 per year and the Korbys’ taxes, medical               
          expenses, and other various expenses.  The amounts were used                
          entirely by Austin and Edna and not by Dennis, who was cotrustee            
          of the general partner and was entitled to half of any management           
          fees.  While the living trust received management fees totaling             
          over $120,000 during the years at issue, the limited partners               
          (who owned 98 percent of KPLP) received only one distribution               
          totaling $12,061, for taxes in 1998.                                        
               Further, no management contract was executed, and the fees             
          were paid at varying times and amounts, as Austin requested them.           
          The purported fees were not based on any regular or prescribed              
          method of payment or computation.  Dennis testified that he                 
          caused KPLP to make payments to the living trust whenever Austin            






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