Estate of Edna Korby - Page 18

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          requested them because he was raised not to say no to his father.           
          He stated that he and his father discussed the amounts of the               
          management fees in 1995, and they wrote down the amounts on                 
          “pieces of paper” at the kitchen table.  These notes regarding              
          the purported fees were not produced by the estate at trial.                
               The estate submitted an expert report by Paul R. Kenworthy,            
          C.F.P., in which he opined that money managers generally receive            
          fees of 1 to 1.5 percent of the asset values in the portfolios              
          they manage.  Mr. Kenworthy testified that fees are generally not           
          determined by the income of the portfolio because income amounts            
          vary with different types of investments.                                   
               We accept Mr. Kenworthy’s testimony that money managers                
          generally earn 1- to 1.5-percent management fees.  However, the             
          record shows that although KPLP held approximately 60                       
          investments, Austin made only 6 sales or purchases between 1995             
          and 1998.  Dennis testified that few trades were made because his           
          parents had low bases in the investments, and KPLP would                    
          recognize significant income if they were sold.  Given the plan             
          to hold the investments in order to avoid tax, the degree of                
          anticipated management of those assets would have been minimal.             
          The only other management activity the estate claims Austin                 
          undertook was reading newspapers and periodicals daily.  The                
          living trust continued to receive the purported management fee              
          income and use it to pay the Korbys’ expenses even after Dennis             






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