Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 7

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                                           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.                                                                              




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