From: Manjul Derasari [mailto:manjulderasari@yahoo.com]
Sent: Friday, February 22, 2013 6:15
PM
To: Anthony Kirkpatrick MD PhD; BLeidel@brcpaweb.com; manjulderasari@gmail.com
Subject: Re: Manjul & Anthony llc 2012
Sir,
I beg to differ.
I do not have anything in writing that
FOUNDATION was paying rent.
If we consider contributions as rent we are
opening up a lots of issues unnecessarily.
Rent is NOT paid in lump
sum,retrospectively will have to come up with a monthly rent. Rent will require
any simple but some kind of agreement. Its simply not there.
Because
ALL (my PA ,my personal and you as well as your Foundation) are filing tax
returns. And time has gone by, it has real DANGER of raising unnecessary RED
flags and possible AUDITS.
Example, I am renting to RSD/CRPS foundation ,
.1910 East Busch building Dr Kirkpatrick pays rent in lump sum.But here the
amount is already agreed upon.
He had done it at the end of each calendar
year of in 2008,09 ,10 and 2011.
.Even though the Foundation is TAX
EXEMPT, I need to send to FLORIDA dept. of Revenue EVERY MONTH that I am getting
this much RENT on a MONTHLY basis, from a tax exempt entity and THAT is why I am
NOT paying any sales tax.The caveat is MONTHLY .If I recall correctly late Mr
Baumann (accountant,may his soul rest in peace)has told me do not forget to send
to FL DOR .
It was mentioned to me that PPM can rent from LLC
.
But as Brian mentions in his email, if Professional Pain Management
rents from LLC than it require to pay sales tax. I thought its better to take
loss. And just contribute to LLC account from personal as we need to spent in
LLC.
The Foundation DID pay in advance lump sum rent for year 2013. And
has a long term lease for it on paper. And they have no plan to move out in
2013. And I have sent monthly tax exempt sales tax forms to FL DOR.
I do
APPRECIATE advance rent. It has, helped me to PAY OFF my part of LLC
mortgage,which was 7.5% interest on $ 320,000..Manjul & Anthony LLC was
loosing in mortgage every month.
Bigger chunk of money on my part DID NOT
come from ADVANCE rent of 2013, THE rest of mortgage pay off MONEY I had to put
on my home equity loan.I agree that I pushed for closing and I STAND by that
decision.As you can see I took out about $90 K home equity loan to pay off that
mortgage. I was that SERIOUS in paying off. Again I appreciate Dr K
agreed.
I understand that Dr Kirkpatrick as an agent of Foundation has
done lots of investments in the Building,that is a FACT as any body can see
it. But that investment is done in LLC where FOUNDATION is not partner NOR an on
paper renter, my 50 % consent was not always obtain in any meaningful way ,it
was done and over ruled for expensive bath room construction,state of the art TV
/Gymnasium equipments and more.
Lately ,I was NOT even bother to inform about TV(I was
shown it on the wall ) and than exercise equipments.
These are my
concerns , so I am asking FOUNDATION to take over LLC .here foundation has put
money.in.
To begin with ,in fall of 2007 you came to me and you
thought you will join me (I was honored !!!).You did not like the place,as late
Dr Segal made some comment about area and you saw "Massage " sign on the strip
mall looking place. But you still came.
Did that benefited me and my practice YES indeed.I will add
that the prostitutes infested strip mall setting,that I purchased in 2003 did
get make over and has proved million dollar worth for the Foundation.In that
sense both got benefited.
You and me sign renter agreement based upon
what we did with our than renters LAWYERS for 1910 property. And we have no
problem with that so far.
We did not sign any written paper for LLC between two of us
as individual partner ,we have shared expences.And our accounts in Bank of
America is clean cut.
.Foundation and its staff has used the LLC building
much more than I or my staff.Foundation has invested more money in to it
.
I do not have MR.Nathan Smith 's email.You can forward this to
him.
I have learned a lot from you ,I am writing this to tell what I think
will help both of us.
Manjul Derasari.
From: Manjul Derasari [mailto:manjulderasari@gmail.com]
Sent: Tuesday, July 09, 2013 8:40 AM
To: akirkpat@tampabay.rr.com
Subject: Incidental expanses
Tony ,
Every time we talk ,the tone you are setting is not coordial .I think if we want to continue long term relation than WE should work at that FIRST .Everything else and other details will reflect that.
Going back to above subject ,for any item of repair costing $ 500 or more should be discussed in details by both of us and than proceed.Yes we should inform each other in writing prior to spending so we have something to look at when we discuss.
Going foreward from 2014, we need to look at our lease agreement which was signed by both of us should form the basis and than discuss changes and than write them and sign that.I am proposing this approach so its cost effective .
I am taking my Pain Board on September 14,2013 . So we wait till after the board is over.
Manjl Derasari.