EFTA02547977

From: Noam Chomsky < Sent: Friday, December 15, 2017 1:53 AM To: Deborah Pechet Quinan; Valeria Chomsky; Richard Kahn Subject: Fwd: FW: Carol S. Chomsky Marital Trusts - Distribution What's important is to ask Max to be specific abo=t the documentation he wants, so that we can see if we can proceed expedit=ously. With regard to your question, item 2 is OK=as long as it clear that the only agreement was that Nick would correct th= mistaken characterizations of expenses in the Bainco reports. C=r> No problem about the list. Forwarded message - From: Deborah Pechet Guinan< Date: Thu, Dec 14, 2017 at 7:52 AM Subject: FW: Carol S. Chomsk =Marital Trusts To: "Noam Chomsky Chomsky <mailto <mailto Dear Noam, Valeria and=Richard, c/=pan> <mailto > > Distribution <mailto: », "Valeria <mailto > )&q=ot; < », "Richard Kahn ( > )" < <mailto Please see Max =99s response to the discussion I had with him on Tuesday. He has off=red to make the $150,000 tax distribution but he wants my affirmation on N=am's behalf of the items below. I am prepared to provide the acknowledgements that Max has requested in item 2. I do =ot think item 1 requires an acknowledgement as it is simply a statement of=Max's position which he has now provided in writing. </=pan> Please confirm that yo= are in agreement with my agreeing to and acknowledging item 2 and the ite=s set forth therein. As soon as I receive this from you I will proce=d asap to respond to Max in the affirmative and to confirm that he may make the estimated tax payment directly to the =RS. I will also at that time obtain the tax payment voucher from Nic= Nichol's office. </=pan> I have no objection to=Max providing the list of corporate trustees he references in item 3. =AO It can't hurt to see what he is thinking in this regard. =lease let me know if I have your permission to request the list. EFTA_R1_01702683 EFTA02547977 </=pan> I await your response.= </=pan> Thank you,</=> Deborah =/span> </=pan> Deborah Pechet Qui=an, Esq. LL.M. =A0 Shareholder Chair, Trusts & E=tates Group 255 State Street,=7th Floor <https://maps.google.com/?q=255+State+Street,+7th+Floor%C2V0A0%7=%C2%A0Boston,+MA+02109&entry=gmail&sou rce=g> <= href="https://maps.google.com/?q=255+State+Street,+7th+Floor%C2V0A0%7C=C2%,A0Boston,+MA+02109&entry=gmail &source=g"> I Boston, MA 02109 <https://maps.google=com/?q=255+State+Street,+7th+Floor%C2V0A0%7C%C2%A0Boston,+MA+02109&en=ry=gmail&so urce=g> Assistant - Jayne Mahoney: e-mail: <mailto > =AO I www.riw.com <http://ww=.riw.com/> BIO <http://www.riw.com/attorney/deborah-pechet=quinan/> </=pan> From: Max Kohl=nberg (mailto:com <mailto Sent: Thursday, December 14, 2017 6:57 AM To: Deborah Pechet Quinan Subject: Carol S. Chomsky Marital Trusts - Distribution Deborah —</=> </=pan> >) I'm following =p on our conversation on Tuesday about principal distributions to Noam fro= the Carol S. Chomsky marital trusts. Please consider the following:=u> </=pan> 1.=C2 As I stated to you a=d as I now affirm to you in writing, I am certain that in the exercise of =y discretionary power to make distributions of principal from the trusts I'm entitled to inquire into Noam's financ=al circumstances, including (a) the nature and extent of his resources, (b= his sources of income, and (c) his expenditures. In fact, I =99m 2 EFTA_R1_01702684 EFTA02547978 equally certain that my fiduciary duty to Noam requires me to obtain that information so as to adequately address h=s long-term needs and to ensure that the trust is used for his exclusive b=nefit during his lifetime. (I am mindful of the interests of Noam =80 s children, as residuary beneficiaries of the trusts, and of my fiduciary duty to them as well, but as l'=e stated to you previously, my primary concern has been and continues to b= Noam's interests.) 2.=C2 Having previously be=n assured (prior to making tax payments on Noam's behalf at the en= of 2015 and in early 2016) that Noam would engage in a financial planning process with Nick Nichols, and having notified you at the time th=t I did not intend to make any further principal distributions until that =rocess was completed, I informed you on Tuesday that I was not prepared to=make any principal distributions to Noam now. On further reflection, and mindful of Noam's di=tress, I've reconsidered the circumstances and am willing to make =he proposed $150,000 payment to the IRS on his behalf, provided that you w=ll (a) urge Noam to engage in a financial planning process (with Nick Nichols or another financial professional of his choosing), (b)= urge Noam to cooperate in providing some information to me about his=financial resources, income and expenses (to a degree mutually acceptable). and (c) impress upon Noam the fact that though I am now making another tax payment from the trust on his beha=f, I do so with no intention of making further distributions of principal =nless he completes the financial planning and disclosure process that was =greed upon in 2015. </=pan> 3.=C2 Lastly, with respect=to my trusteeship, I have suggested to Harry Chomsky that I prepare a shor= list of qualified, professional trustees for his consideration and for Noam's. It is my hope that one of those cand=dates would be acceptable to Harry and to Noam (with your recommendation).=This seems to me a good approach, given that Harry has unequivocally decla=ed his unwillingness to appoint Rich Kahn as my successor. Needless to say, if you'd like to suggest a=other approach to finding a successor to me I will be glad to discuss it w=th Harry. If you are in agreemen= with the points set out above, please reply acknowledging each of them an= please also affirm that (as was the case with respect to the 2015 and 201= tax payments) you have no objection to my direct payment of funds to the IRS, as an expedient and permissible =eans to expedite that payment (instead of having me arrange for the distri=ution of the funds to Noam's personal account for subsequent payme=t to the IRS). Lastly, please ask Noam's accountant to prepare a suitable estimated tax payment voucher and forward=it directly to me as soon as possible. I will then ask Noam'= investment advisors at Bainco to raise the necessary funds and make the p=yment. </=pan> Looking forward to you= reply, </=pan> Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, LIP One Financial Plaza — Suite 1600</=> 3 EFTA_R1_01702685 EFTA02547979 Providence, Rhode Island 02903 Direct: Main: Fax: <te www.hekblaw.com chttp://www.hekblaw.com/> This email and any attachments thereto are intended =nly for use by the addressee(s) named herein and may contain legally privi=eged and/or confidential information. If you are not the intended re=ipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any att=chments thereto, is strictly prohibited. If you have received this e=ail in error, please immediately notify me by return email and permanently=delete the original and any copy of this message or attachment. Thank you. 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