EFTA00301830.pdf

Darren Indyke Action Plan 1) NY Strategy Group LLC ("NYSG") a) Adjust $1,100k of $1,135k loan to Darren as offset to $4,573k loan from JE (to reflect the payment made to Darren was transferred to JE — Enter as of 12/31/2012 b) Offer most or all remaining liquid assets to JE in full satisfaction of his then $3,173k ($4,273k less $1,100k 12/31/2012 adjustment). Assuming this is approximately $200k, this results in i) Cancellation of debt income of $2,973k to NYSG ii) $2,973 non-business bad debt to JE iii) Triggers used of Passive Activity Loss carryovers on Darren's personal return to offset this income flowing through NYSG c) In 2014, liquidate NYSG, resulting virtually -0- net gain/loss to Darren. Any basis he might have had for loss would have been eliminated by his non-payment on non-recourse loan used to acquire his LLC interest from Schantz. 2) KC AC LLC ("KCAC") a) On 12/31/12 return, add $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: i) JE gifts $1,223k to Darren ii) Due to JE wanting to 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 iii) Michelle gets $525k additional outside basis in KCAC. JE incurs a $525k capital loss on sale of his LLC interest iv) Michelle repays $698k borrowed to originally fund KCAC purchase EFTA00301830