deed to Fred Brenner; on May 10, 1989, Fred Brenner secured a mortgage in the sum of
$377,000.00 for the payment [*12]of the property. This
mortgage and the underlying mortgage to Walben Company was satisfied in or about
May 17, 2002.
Now, in a deed of ownership dated February 12, 2004, Fred Brenner
transferred 80% of his rights, title and interest to Jodi B. Brenner, as trustee of the FB
Irrevocable Grantor Trust Agreement dated January 1, 2004; his reversionary interest
constituting 20% of the trust corpus (Petitioner's Exhibit "2"). Simultaneously, the parties
executed a lease agreement dated January 1, 2004 that commenced on January 1, 2004 to
the "expiration date", that is unspecified in the lease, between Jodi B. Brenner as Trustee
and Fred Brenner as landlords and General Plumbing Corporation, as the tenant for the
premises known as 436 Kent Street, Brooklyn, New York, the terms of which shall be
more fully described below (Petitioner's Exhibit "3"). This was a quit claim deed for no
consideration to the Trust and was "a sale between related companies or partners in
business".
On the date of this last transaction, Fred Brenner represented that he resides
at 7035 Montrico Drive, Boca Rotan, FL; on his other legal documents he describes his
legal residence at 17 Clemson Lane, Woodbury, NY and then 2 Bay Club Drive,
Bayside, N Y. Thus, Fred Brenner represents that he was the president from 2004 to
2007 while a resident of Florida.
Lastly, pending this written decision, on May 13, 2014, Fred Brenner, by
power of attorney dated September 23, 2013 and Jodi Brenner as Trustee, transferred all
rights, title and interest in the premises known as 432 Keap Street, Brooklyn, NY to
"Keap The Hope LLC" in accordance with a contract of sale dated February 4, 2014 in