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Deposition of Scott Rothstein re - Trustee Services

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1 don't <strong>re</strong>call whether I had specific conversations<br />

Page 110<br />

2 with both him and Mr. Lipsitz together. We may have.<br />

3 But I do not want to guess. I have no documentation<br />

4 in that <strong>re</strong>gard.<br />

5 BY MR. SALIM:<br />

6 Q. All right. As a former lawyer you a<strong>re</strong> awa<strong>re</strong><br />

7 that the avoidance <strong>of</strong> taxes is not necessarily illegal<br />

8 versus tax evasion, cor<strong>re</strong>ct?<br />

9 A. That's cor<strong>re</strong>ct.<br />

10 Q. All right. So if theo<strong>re</strong>tically you had this<br />

11 conversation <strong>re</strong>garding mechanisms to avoid or minimize<br />

12 taxes with Mr. Tonacchio, theo<strong>re</strong>tically the<strong>re</strong>'s<br />

13 nothing illegal about that, is the<strong>re</strong>?<br />

14 A. What I was talking about was the pulling <strong>of</strong><br />

15 cash from a business and hiding it, not declaring it.<br />

16 I wasn't talking about legitimate taxes avoidance<br />

17 mechanism.<br />

18 Q. Is it your testimony that he told you he was<br />

19 taking cash out <strong>of</strong> his business in order to avoid<br />

20 taxes?<br />

21 A. He told me that he had taken a substantial<br />

22 amount <strong>of</strong> cash out <strong>of</strong> his business back when he had<br />

23 the plumbing business and that him and certain other<br />

24 partners had been, from time to time, able to get<br />

25 their hands on substantial amounts <strong>of</strong> cash through

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