EFTA02547764.pdf

From: Richard Kahn Sent: Thursday, December 14, 2017 2:50 PM To: jeffrey E. Subject: Fwd: Carol S. Chomsky Marital Trusts - Distribution Importance: High Richard Kahn HBRK Associates Inc. 575 =exington Avenue 4th Floor New York, NY 10022 to fa ce Begin forwarded message: From: =/b>Deborah Pechet Quinan Subject: =/b>FW: Carol S. =homsky Marital Trusts - Distribution Date: =/b>December 14, 2017 at 9:52:24 AM =ST To: =/b>"Noam Chomsky <mailto: >, "Valeria Chomsk "Richard Ka n Dear Noam, Valeria and Richard, Please =ee Max's response to the discussion I had with him on =uesday. He has offered to make the $150,000 tax distribution but =e wants my affirmation on Noam's behalf of the items =elow. I am prepared to provide the acknowledgements that Max has =equested in item 2. I do not think item 1 requires an =cknowledgement as it is simply a statement of Max's position =hich he has now provided in writing. Please =onfirm that you are in agreement with my agreeing to and acknowledging =tem 2 and the items set forth therein. As soon as I receive this =rom you I will proceed asap to respond to Max in the affirmative and to =onfirm that he may make the estimated tax payment directly to the =RS. I will also at that time obtain the tax payment voucher from =ick Nichol's office. EFTA_R1_01702214 EFTA02547764  I have no objection to Max providing the list of =orporate trustees he references in item 3. It can't hurt =o see what he is thinking in this regard. Please let me know if I =ave your permission to request the list. I await =our response. Thank =ou, Deborah Deborah Pechet Quinan, Esq. ll.M. Shareholder Chair, Trusts & Estates =roup 255 State Street, 7th Floor I Boston, MA 02109 Direct: I Cell: Assistant - =ayne Mahoney Office I Fax: e-mail: <mailt I www.riw.com <http://www.riw.com/> I BIO From: Max Kohlenberg [mailt Sent: Thursday, December 14, 2017 =:57 AM To: Deborah Pechet Quinan Subject: Carol S. Chomsky Marital =rusts - Distribution Deborah — I'm following up on our conversation on =uesday about principal distributions to Noam from the Carol S. Chomsky =arital trusts. Please consider the following: 1. As I stated to you and as I now affirm to =ou in writing, I am certain that in the exercise of my discretionary =ower to make distributions of principal from the trusts I'm =ntitled to inquire into Noam's financial circumstances, =ncluding (a) the nature and extent of his resources, (b) his sources of =ncome, and (c) his expenditures. In fact, I'm equally =ertain that my fiduciary duty to Noam requires me to obtain that =nformation so as to adequately address his long-term needs and to =nsure that the trust is used for his exclusive benefit during his =ifetime. (I am mindful of the interests of Noam's =hildren, as residuary beneficiaries of the trusts, and of my fiduciary =uty to them as well, but as I've stated to you previously, my =rimary concern has been and continues to be Noam's =nterests.) 2. Having previously been assured (prior to =aking tax payments on Noam's behalf at the end of 2015 and in =arly 2016) that Noam would engage in a financial planning process with =ick Nichols, and having notified you at the time that I did not intend =o make any further principal distributions until that process was =ompleted, I informed you on Tuesday that I was not prepared to make any =rincipal distributions to Noam now. On further reflection, and =indful of Noam's distress, I've reconsidered the =ircumstances and am willing to make the proposed $150,000 payment to =he IRS on his behalf, provided that you will (a) urge Noam to engage in = financial planning process (with Nick Nichols or another financial =rofessional of his choosing), (b) urge Noam to cooperate in =roviding some information to me about his financial resources, income =nd expenses (to a degree mutually acceptable), and (c) impress upon =oam the fact that though I am now making another tax payment from the =rust on his behalf, I do so with no intention of making further =istributions of principal unless he completes the financial planning =nd disclosure process that was agreed upon in 2015. 2 EFTA_R1_01702215 EFTA02547765  3. Lastly, with respect to my trusteeship, I =ave suggested to Harry Chomsky that I prepare a short list of =ualified, professional trustees for his consideration and for Noam'=. It is my hope that one of those candidates would be acceptable to =arry and to Noam (with your recommendation). This seems to me a good =pproach, given that Harry has unequivocally declared his unwillingness =o appoint Rich Kahn as my successor. Needless to say, if you'= like to suggest another approach to finding a successor to me I will =e glad to discuss it with Harry. If you =re in agreement with the points set out above, please reply =cknowledging each of them and please also affirm that (as was the case =ith respect to the 2015 and 2016 tax payments) you have no objection to =y direct payment of funds to the IRS, as an expedient and permissible =eans to expedite that payment (instead of having me arrange for the =istribution of the funds to Noam's personal account for =ubsequent payment to the IRS). Lastly, please ask Noam's =ccountant to prepare a suitable estimated tax payment voucher and =orward it directly to me as soon as possible. I will then ask =oam's investment advisors at Bainco to raise the necessary =unds and make the payment. Looking forward to your reply, Max A. Max =ohlenberg Howland Evangelista Kohlenberg Burnett, LLP One =inancial Plaza — Suite 1600 Providence, Rhode Island 02903 Direc Main: Fax: <mailto www. e aw.com < p. www.hekblaw.com/> This email and any attachments thereto =re intended only for use by the addressee(s) named herein and may =ontain legally privileged and/or confidential information. If you =re not the intended recipient of this email, you are hereby notified =hat any dissemination, distribution or copying of this email, and any =ttachments thereto, is strictly prohibited. If you have received =his email in error, please immediately notify me by return email and =ermanently delete the original and any copy of this message or =ttachment. Thank you. NOTICE: This email with its attachments, =f any, is intended solely for permitted use by authorized recipients. =f you are not an authorized recipient of this email, your retention, =ransmission, disclosure, or use of this email is prohibited. If you =eceived this email in error, please notify the sender and delete this =mail and its attachments from your devices and =ystems. 3 EFTA_R1_01702216 EFTA02547766