- 109 - for approximately $8,700. Except for the price and the parties, this document was virtually identical to the agreement dated May 1, 1986, where TM purportedly sold the rights to the intangibles to Gatetown. In some instances, the corporate parties to an alleged agreement were not in existence on the date of the document. An example is a document dated February 26, 1986, whereby Lince loaned money to Gatetown, and Gatetown agreed to pay Lince 95 percent of Gatetown’s income. Lince was not incorporated until May 16, 1986. Petitioners attempt to justify backdating as a common practice to memorialize agreements. In these cases, however, the pattern of backdating was so pervasive as to cast doubt on the reliability of petitioners' representations as to what was agreed, when, and by whom. The only intent that is clear is the intent to conform to C&L's proposals to minimize or avoid tax liability. When the intangibles became legally protected by the registration of the trademarks in 1987 and 1988, there was no consideration paid to MTNV/MSI. C&L and the Spanish investors were undecided as to whether Manver or Gatetown should hold the trademarks in their name. The decision to hold the trademarks in Manver’s name was not made until December 1986, when C&L received a favorable tax ruling from the Netherlands Antilles. The licensing agreements between Manver and MSI and Manver and MDT were dated May and July 1986, several months before the finalPage: Previous 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 Next
Last modified: May 25, 2011