From: jeffrey E. <jeevacation@gmail.com>
Sent: Friday, June 3, 2016 7:15 PM
To: Melanie Spinella
Subject: Fwd:

Forwarded messag=
From: Heather Gray
Date: Fri, Jun 3, 2016 at 3:02 PM
Subject: RE:
To: &quo=;jeffrey E." <jeevacation=gmail.com <mailto:jeevacation@gmail.com»

Hi Jeffrey,

As you will recall, we used this same=exchange agent last year on the Calder 1031. At the time, we discuss=d the merits of using a gallery versus a commercial exchange agent and my recommendation to Leon was to use a gallery. l=felt that there were advantages to using a commercial exchange agent inste=d of a gallery on the 1031 side (e.g., less likelihood of a breach of conf=dentiality, IRS familiarity with CDEC in the event of an audit, security of funds), but that a commercial exchan=e agent gave us less comfort on the sales tax side. Leon did not wan= to use a gallery because he was concerned about confidentiality and he di= not want to have to ask a gallery that he did not do much business with to act as exchange agent.

When Leon first discussed the exchang= for the Cezannes with me a few weeks ago, I asked him if he wanted to use=the same exchange agent as last year, or if he wanted to use a gallery. I said that a gallery carried little to no =isk on the sales tax side, but I reminded him that he had not wanted to us= a gallery last year for the Calder because of confidentiality reasons. He=said to use the same exchange agent as before, which made sense to me because he was extremely concerned about=confidentiality with the purchase of the Cezannes.

I will find out about sales tax audit= and will let you know. The exchange agent has had a New York resale=certificate since 2014 and has been engaged in art transactions like this since then, but I do not believe they have been aud=ted. I will check, though, and I will also ask the Herrick lawyer if=any of his clients who have done similar deals have been audited. =C2

Best,

Heather

From: Jeffrey E. [mailto:jeevacation@gmail.coml
Sent: Friday, June 03, 2016 11:56 AM

Subject:

To: Heather Gray c

heather leon seems to not recall the issue of findin= an alternative to the eschange agents resale cerificate. =AO he didnt remeebr you suggesting a gallery instead. you ment=oned that he did not want to get another gallery involved. ? =C2 has any of the transactions been audited using this method , which e=en i find agressive.

please no=e

The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of JEE Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to jeevacation@gmail.com <mailto:jeevacation@gmail.com> , and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved

=AO please note

The information contained in this commu=ication is confidential, may be attorney-client privileged, may cons=itute inside information, and is intended only for the use of the addre=see. It is the property of JEE Unauthorized use, disclosure or copyi=g of this communication or any part thereof is strictly prohibited a=d may be unlawful. If you have received this communication in error, pl=ase notify us immediately by return e-mail or by e-mail to jeevacation@gmail.com, a=d destroy this communication and all copies thereof, including all a=tachments. copyright -all rights reserved