Michael Jackson’s finances were off-the-wall complicated and near
collapse before his 2009 death, a banker testified Tuesday in a
megabucks tax trial pitting the singer’s estate against the IRS.
“He was on the edge,” banker David Dunn testified in U.S. Tax Court in
Los Angeles. “He was desperately trying to figure out what he could do
to address his financial crisis.”
Experts said the long-awaited trial could lead to a whopping $1 billion
tax bill for the King of Pop’s estate if the judge finds it undervalued
assets, as alleged by Uncle Sam.
Dunn testified he was hired in 2007 to help pull Jackson back from the
brink of bankruptcy after his 2005 child molestation trial prompted at
least one lender, Bank of America, to bolt.
He described efforts to restructure Jackson’s towering debt — and how
the "Thriller" singer often undermined him at the last minute by signing
unfavorable side deals that lured him in with upfront cash.
Dunn said Jackson remained in a “very precarious situation” in early
2008 with more than $300 million in debt, out-of-control spending habits
and his lavish Neverland Ranch near foreclosure.
“We talked about his sadness in knowing he was never going to live in
Neverland again,” Dunn said. “It was the culmination of the molestation
allegations, the culmination of recognizing the financial situation he
was in.”
The banker said he spoke with Jackson at least once a month by phone.
“He talked about his young career and being at his peak. He was
struggling with how to make a living and still be with his children, who
were of paramount importance,” said Dunn, who works at Shot Tower
Capital.
The Baltimore banker recalled Jackson once interrupting “a fairly
intense discussion of his personal finances” to retrieve his youngest
child, who was feeling sick. He said Jackson plopped the boy on the
table and comforted him with a bag of candy corn.
The Rev. Jesse Jackson even sat Jackson down for a “lecture” in Las Vegas at one point, Dunn said.
“He just said, ‘Michael, this is you, you’ve got a bucket, and this tap
here is your cash flow. …We’ve got to put a bottom on your bucket, you
have to stop spending,’” Dunn recalled.
“(Jackson) borrowed a lot of money, he knew he had financial issues …
but the last thing he wanted to do was tour. He was looking for other
things to generate income to avoid doing what he wound up agreeing to
do,” Dunn said.
Dunn said he resigned in May 2009 because it was hard to tell “which
way was up, which way was down," and Jackson hadn't paid him in two
years, despite owing him some $300,000.
Jackson had agreed to his “This Is It” comeback tour and was
surrounding himself with some new people who made Dunn “uncomfortable.”
This included Arfak Hussain, a British fraudster who “made two bottles
of $100,000 perfume and sold them both to Michael," Dunn testified.
Jackson died June 25, 2009, in Los Angeles from an overdose of the
surgery-strength anesthetic propofol, which he was using off-label as a
sleep aid during preparation for "This Is It.”
After Jackson's death, interest in his music spiked, Dunn said. The new
revenue allowed his estate to refinance his complex web of debt and
generate new income with the “This Is It” concert movie and a lucrative
Cirque du Soleil show in Las Vegas.
Jackson’s longtime attorney John Branca was in court for a second day Tuesday after taking the witness stand Monday.
The tax fight started in 2013 after the IRS claimed the estate
undervalued assets including the worth of Jackson’s likeness and image
when he died.
If the IRS wins, the estate could be on the hook for unpaid taxes,
interest and penalties in the range of $700 million to $1 billion,
experts said.
Jackson’s estate maintains the singer was so tarnished by his child
molestation trial and media coverage of his eccentric personal life that
his image was virtually worthless when he died.
The IRS insists it had a value topping $400 million.
“It is important to keep in mind that the value of Jackson’s right of
publicity must be determined as it stood on the date of Jackson’s death
and not at a later date,” estate expert Laura Zwicker, a partner at
Greenberg Glusker in Los Angeles, told the Daily News on Tuesday.
“The IRS will try to use the earning potential shown following Jackson’s
death as evidence of the intrinsic value on Jackson’s date of death and
Jackson’s estate will try to argue that all of the earnings were a
result of the efforts of Jackson’s representatives following his death
and those earnings have no relevance to the value as of his date of
death,” Zwicker said.
NEW YORK DAILY NEWS
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