EFTA01047473.pdf

From: Richard Kahn To: "Jeffrey E." <[email protected]> Subject: max Date: Thu, 31 May 2018 19:17:54 +0000 Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York NY 10022 tel fax cell Begin forwarded message: From: Max Kohlenberg Subject: RE: Date: May 31, 2018 at 3:17:19 PM EDT To: 'Richard Kahn' No Rich, you do not have my word that once you give me the information I'm asking for I will "make the transfer". At no time have I said that I would make a distribution equal to the tax payments made if you gave me X, Y or Z and I really don't feel comfortable when I have the sense that you are trying to put words in my mouth. What I have said all along (to Noam and Valeria, to Deborah Pechet Quinan and to you) is that I need information about Noam's income, Noam's expenses and any gifts he has made so that I can do my job, as trustee, to provide support for him that's appropriate to his short term and long term needs. (I understand that there have been no gifts or other gratuitous payments by Noam in the last several years, so you don't need to address that again, unless the answer to that has changed.) In 2016 and again in 2017 I made substantial distributions from the trusts to cover "tax emergencies". On each occasion I was assured (and Noam's children were assured) that Noam would (a) engage in some level of financial planning, and (b) provide me with the information that I need, as trustee, to fulfill my duties. In 2017 I said to Deborah that no further distributions of trust principal would be made unless the promised information was forthcoming. She agreed to do her best to obtain it and she acknowledged that if she provided it that was not a guarantee of any particular distributions from the trust — it was only a condition precedent to my considering any further distributions. Noam understood this as well (though at one time he said, in writing, that asking about his finances was an intolerable intrusion and that, as a result, he would never ask for any money from the trust again). I am very grateful to you for your efforts to get me the financial information that I need and I think you and I have done pretty well on compromising between what I consider the essential minimum and what you (on behalf of Noam) consider an unreasonable intrusion. Once you get me the remaining information I assure you that I will give very serious consideration to making a principal distribution but 1am not assuring you that it will be in the amount of the tax reimbursement requested. Only when 1have the income and expense information to consider will 1be able to reach a conclusion as to how much of a distribution would be prudent and appropriate. EFTA01047473 Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, LLP One Financial Plaza — Suite 1600 Providence, Rhode Island 02903 Direct: Main: Fax: This email and any attachments thereto are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments thereto, is strictly prohibited. If you have received this email in error, please immediately notify me by return email and permanently delete the original and any copy of this message or attachment. Thank you. From: Richard Kahn fmailto: Sent: Thursday, May 31, 2018 2:32 PM To: Max Kohlenberg Subject: Re: once i give you these things do i have your word you will make the transfer? thx Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 tel fax cell On May 31, 2018, at 2:17 PM, Max Kohlenberg < > wrote: Rich - If you want to simply represent that his salary is $175,000 per year and then give a figure for average royalties over the last 3 or 5 years (unless you think there is a basis for using a lower figure) that would be helpful. Can you also tell what his RMD is for 2018, so I have a sense of what that will add to his income? That will help me to consider both upcoming taxes and income needs. I know you're going to be getting me information on what the last tax payments you showed to me covered. Thanks in advance for that. EFTA01047474 I will be out of the office for the next week, but I'll be checking emails when I can and will reply as quickly as my travel circumstances permit. Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, LLP One Financial Plaza — Suite 1600 Providence, Rhode Island 02903 Direct: Main: Fax: This email and any attachments thereto are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments thereto, is strictly prohibited. If you have received this email in error, please immediately notify me by return email and permanently delete the original and any copy of this message or attachment. Thank you. From: Richard Kahn rinailto: Sent: Wednesday, May 30, 2018 4:52 PM To: Max Kohlenberg Subject: Re: i received your encrypted message regarding details of income or expenses. why not agree to just pay the tax , due, . roylaties fluctuate his salary is 175 per year . his taxes clearly are permsisible. . he has no other income . separate from the sale . office expenses. houses expneses. , paying his tax seems an easy iidea that takes into account flucturations. thoughts. . Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York. NY 10022 tel fax cell On May 30, 2018, at 2:53 PM, Max Kohlenberg < > wrote: EFTA01047475 Rich - I just sent you a reply to this email in encrypted form. If you have not received it please check your spam filter. Thanks, Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, LLP One Financial Plaza — Suite 1600 Providence, Rhode Island 02903 Direct: Main: Fax: This email and any attachments thereto are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments thereto, is strictly prohibited. If you have received this email in error, please immediately notify me by return email and permanently delete the original and any copy of this message or attachment. Thank you. Original Message From: Richard Kahn [mailto: Sent: Wednesday, May 30, 2018 2:11 PM To: Max Kohlenberg Subject: can you please detail the total income and total fees paid and to who for 14 15 16 17,. thx. harry has said he is willing to give Noam addtional access to trust ? i will get you tax info, plus i need from you a last list to produce you say income. not sure what you want , and want to end this part of the problem and not have you come back and say not enough .thx Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 tel fax cell EFTA01047476