- 7 - FINDINGS OF FACT3 Some of the facts have been stipulated and are so found unless otherwise stated herein.4 At the time the petitions were filed, petitioner resided in Hong Kong, British Crown Colony. I. General and Background A. Radcliffe Radcliffe, which was incorporated in Liberia around 1979 and conducted business in California during the years at issue, was organized to invest in New Montgomery South Center (NMSC) in San Francisco, California (San Francisco). As of January 1984, Radcliffe held a 75-percent interest in NMSC. Radcliffe acquired an additional 13-percent interest in NMSC for $1,300,000 in 3 We found the record in these cases to have been poorly devel- oped, inconclusive, and/or not reliable in many respects, includ- ing certain material respects. Although the gaps in the evidence are substantial in many instances, and therefore our findings of fact are incomplete in those respects, we have not undertaken to note every instance in which the record does not contain reliable evidence that would have enabled us to find all the facts rele- vant to our deciding the issues presented. Our task in the face of such a record has been further complicated by the parties' failure to reflect fully the facts that are reliably established by the record and their attempt (particularly petitioner's attempt) to support their respective positions herein by relying on so-called facts that are alleged in their briefs but that are not supported by credible evidence in the record. Statements in briefs are not evidence, Rule 143(b), and we have attached no weight to the parties' allegations on brief that are not sup- ported by reliable evidence in the record. 4 Each party objected to certain stipulations of fact (stipul- ations) on grounds of relevancy and/or hearsay. We address those objections below.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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