EFTA02479628.pdf

From: Richard Kahn Sent: Thursday, April 5, 2018 2:30 PM To: Jeffrey E. Subject: Max Richard Kahn HBRK Associates Inc. 575 =exington Avenue 4th Floor New York, NY 10022 Begin forwarded message: From: =/b>Max Kohlenberg Subject: =/b>RE: Date: =/b>April 5, 2018 at 10:28:02 AM =DT To: =/b>'Richard Kahn' Rich - I will definitely be in touch with any questions (today if I =an). But a resolution today will not be possible. Harry is =onsidering the alternatives you've suggested, as am I. I will =lso want to review the alternatives with Noam's daughters. (As I =ave noted, although they are not trustees they remain essential parties =o any settlement.) In addition to =he substantive pros and cons of each approach, I will also need to =onsider the tax implications of the various alternatives that have been =uggested (annuity, unitrust or division/distribution), since we don't =ant any resolution to constitute an impermissible disposition of a =arital trust, as that would trigger very substantial Massachusetts and =ederal estate taxes, interest and penalties, based on the retroactive =isallowance of the marital deduction taken at the time of Carol =homsky's death. With respect to this aspect, if Beth Tractenberg =s already familiar with this case, perhaps we could have the benefit of =er insight on these issues? I would be grateful for that. With respect to the annuity alternative, I'm =ot entirely sure I understand the materials provided by Jarad Minsky. =n particular it's not clear to me whether the annuity illustration =hows a five year payout, with no further payments even if Noam is still =iving in 2023, or whether it illustrates a minimum five year payout =even if Noam dies EFTA_R1_01595362 EFTA02479628 during that time period). Would you have any =bjection to my speaking with Jarad directly to clear up that question =and perhaps others)? Thanks, Max A. Max Kohlenberg Howland Evangelista =ohlenberg Burnett, LLP One Financial Plaza — =uite 1600 Providence Rhode Island 02903 This email and any attachments =hereto are intended only for use by the addressee(s) named herein and =ay contain legally privileged and/or confidential information. If =ou are not the intended recipient of this email, you are hereby =otified that any dissemination, distribution or copying of this email, =nd any attachments thereto, is strictly prohibited. If you have =eceived this email in error, please immediately notify me by return =mail and permanently delete the original and any copy of this message =r attachment. Thank you. Original Message From: =ichard Kahn Sent: =hursday, April 05, 2018 9:26 AM To: Max Kohlenberg Subject: I'm hoping for = resolution today . If you have any questions please lets set a time to =peak. Thank you Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York. NY =0022 2 EFTA_R1_01595363 EFTA02479629 On Apr 4, 2018, at 9:09 =M, Max Kohlenberg <MKohlenberg@hekblaw.com> wrote: Thanks for this Rich. I will review it =and the prior email with attachments). I will get back to you =SAP with any questions. A. =ax Kohlenberg Howland Evangelista Kohlenberg Burnett, LLP =ne Financial Plaza - Suite 1600 Providence, Rhode Island =2903 Direct: 401.283.1239 Main: =nbsp;401.283.1234 Fax: 401.283.1221 mkohlenberg@hekblaw.com www.hekblaw.com This email and any attachments =hereto are intended only for use by the addressee(s) named herein and =ay contain legally privileged and/or confidential information. If =ou are not the intended recipient of this email, you are hereby =otified that any dissemination, distribution or copying of this email, =nd any attachments thereto, is strictly prohibited. If you have =eceived this email in error, please immediately notify me by return =mail and permanently delete the original and any copy of this message =r attachment. Thank you. Original Message From: Richard Kahn (mailto:richardkahnl2@gmail.comJ Sent: Tuesday, April 03, 2018 5:15 PM To: Max =ohlenberg Subject: max: without noams approval: which i would =ndertake to get - we can do a guaranteed 5 year payout for the 2 =illion leave the balance for harry and sisters. if =oam passes the balance of the 5 year goes to his estate... =nbsp; easy Richard =ahn HBRK Associates Inc. 575 Lexington =venue 4th Floor New York, NY 10022 tel =12-971-1306 fax 212-320-0381 cell =17-414-7584 3 EFTA_R1_01595364 EFTA02479630 4 EFTA_R1_01595365 EFTA02479631