- 13 - lease agreement, petitioner leased it, along with other medical equipment, to KCPI, and as rent KCPI paid the bank loan payments attributable to the purchase of the podiatry practice. Petitioner testified that in years subsequent to 2001, KCPI’s rent increased, but he produced no documentary evidence to support this testimony. The facts as presented support respondent’s argument that petitioner did not invest in or purchase the medical equipment. First, the Purchase Agreement between Dr. Karason and Dr. Flom did not mention petitioner’s name, indicate that the medical equipment was assigned to petitioner, or state that petitioner was going to purchase the equipment. Second, Dr. Karason testified that if not for the funds provided by petitioner, he could not have paid the purchase price for the podiatry practice. Third, the loan was secured with KCP’s property (Petitioner’s and Dr. Karason’s partnership). Fourth, the promissory note on the loan stated the loan was for the purpose of “BUSINESS: BUSINESS, PURCHASE MEDICAL PRACTICE”. Fifth, Dr. Karason’s professional corporation, KCPI, paid the monthly loan payments to the bank, not petitioner. Petitioner testified that his and Dr. Karason’s attorney and accountant advised them that they did not need to enter into a written agreement to either assign and purchase the medical equipment or to lease the equipment to KCPI because petitionerPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007