Case File
efta-efta01108510DOJ Data Set 9OtherKCAC Actions Required
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DOJ Data Set 9
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efta-efta01108510
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KCAC Actions Required
a) File 2012 KCAC Partnership
Return (form 1065) reflecting
$405k capital contribution to
Michelle Saipher capital account
(cumulative) which
mathematically would change %
ownership to 52.7% Michelle and
47.3% JE
b) In 2013, JE gifts $1,823k to
Darren by wire or check
c) In 2013, Darren gifts to Michelle
$1,223k
d) An agreement is drafted by
which Michelle buys out JE's
interest for 50% of capital
account (capital account and
FMV being similar), or $525k
e) Michelle repays $698k borrowed
to originally fund KCAC
purchase
Explanation
a) records $405k of capital
improvements made by DKI in
the property
b) provides DKI with funds to repay
JE for the, $698k borrowed by
Michelle for the property down
payment, $525k for Michelle to
buy out JE's 47.3% interest in
KCAC, and $600k for DKI to
repay his loan to NVSG
c) to provide Michelle with funds to
repay the $698k & $525K per b)
above
d) enables Michelle & DKI to get full
ownership of the property. Due
to JE wanting with withdraw but
owning only a non-control
minority interest in an illiquid
investment with an indefinite life,
Michelle buys out JE's interest
for 50% of capital account
(capital account and FMV being
similar), or $525k. JE sustains a
$525k capital loss on the sale
e) loan to JE fully repaid
EFTA01108510
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