-386- Exhs. 9159, 9160, 9161, and 9162; Kanter, Transcr. at 4276-4278, 4284-4285, 4288-4289, 4292. Check Nos. 1315 to 1317, listed above, were not made out to Cashmere because the debtors on those notes (Beach Trust, BWK Revocable Trust, and THC) were instructed to transmit their own checks to Cashmere. Exh. 9158 (Beach Trust); Exh. 148, at 8, 13 (THC); Kanter, Transcr. at 4274-4275, 4284-4286. Kanter testified that TACI transferred to Beach Trust, BWK Revocable Trust, and THC the amounts reflected in check Nos. 1315 to 1317 above), the amounts so transferred were considered loans from the Bea Ritch Trusts, and those loans were paid back. Kanter, Transcr. at 4292-4294. However, no documentary evidence (promissory notes, payment schedules, canceled checks representing interest or principal payments, or other records) was presented at trial to substantiate Kanter’s testimony. As of September 1, 1983, Waco held all of Cashmere’s outstanding stock, and Cashmere’s assets included the real estate partnership interests and $498,500 in cash. Exh. 9156, Item 10(a), at 5. C. Sale of Cashmere Stock From Waco to Zell On September 2, 1983, Kanter negotiated the sale of Waco’s Cashmere stock to Equity in exchange for a check in the amount of $1,647,500. Exh. 9156, items 10A, 52; Kanter, Transcr. at 4250-Page: Previous 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 Next
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