- 127 - assist Mr. Jee, in 1985 he allowed him to encumber NMSC's proper- ty with a $5,000,000 second deed of trust. This indicates to us that the relationship between petitioner and Mr. Jee was such that his consent could probably have been obtained had it been requested. We have found nothing in the record before us to suggest that Radcliffe and BOT could not have encumbered the assets of the respective partnerships in which they held a major- ity interest had they desired to do so. Based on our review of the entire record in these cases, petitioner has failed to persuade us that the Bank transactions took the form they did because of the need of Radcliffe and of BOT to obtain the consent of Mr. Jee before the respective assets of NMSC and 300 Montgomery Associates could be encumbered. We have found on the instant record that petitioner has not established that the Bank transactions took the form they did because of any nontax, business purpose of Radcliffe and BOT that petitioner alleges on brief.94 93(...continued) Mr. Jee's remaining interest in NMSC, which it did in March 1986. 94 Petitioner also contends on brief, relying in part on his testimony, that (1) he did not have the resources to finance the acquisition by Radcliffe and by BOT of their interests in NMSC and 300 Montgomery Associates, respectively; (2) the proceeds of the loans by the U.S. banks in question to Radcliffe and to BOT were used for those purposes; and (3) Radcliffe and BOT expected to make a profit on those acquisitions. Assuming arguendo we were satisfied that the record in these cases established those reasons, they would merely provide an overall justification for the decision of Radcliffe and of BOT to borrow money. They would (continued...)Page: Previous 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Next
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