John Karason - Page 13




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          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 petitioner              







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Last modified: November 10, 2007