- 15 - Finally, as for petitioner’s claims that PTSI withheld information, Mr. Stern’s letter indicates that PTSI prepared and mailed Forms K-1 to petitioner at the address PTSI had on file for him. Petitioner did not deny that he changed his mailing address, nor did he contend that he provided PTSI with updated information. In sum, while petitioner claims that PTSI “disappeared”, petitioner appears to have made little effort to stay in contact with the partnership. B. PTSI’s Alleged Failure To Make Partnership Distributions Petitioner contends that PTSI did not make distributions to him at any time. Even if petitioner is correct, the agreement provides that no cash shall be distributed to the partners unless PTSI “has acquired a cash reserve of at least $350,000”. As discussed supra, the agreement called for petitioner to contribute $100,000 and the corporation to contribute $50,000, for a total of $150,000. There is no indication PTSI accumulated the additional cash necessary to fund the cash reserve and enable the partnership to make distributions. To the contrary, the financial difficulties mentioned in Mr. Stern’s letter indicate that PTSI was, in fact, losing money for most of its existence. Petitioner introduced no credible evidence to contradict the statements in Mr. Stern’s letter.Page: 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