- 10 - The option was thereafter exercised and the redemption of CIBV shares from Nestor completed on December 20, 1990. Mr. Vajna then owned 49.9 percent of CIBV and the Mong Family Trust owned 50.1 percent. Given this scenario, it has been respondent’s position from the outset that, for purposes of subpart F, ownership of the Mong Family Trust and the Kassar Family Trust should be attributed to petitioners and to Mr. Kassar, respectively. Respondent’s amended answer now seeks to attribute ownership of Nestor to petitioners as well. Respondent asserts that ownership of Nestor bears upon the status of CIBV as a CFC on and after December 30, 1989, and upon the proper allocation of CIBV’s subpart F income. At the hearing held on November 15, 2000, counsel for petitioners strenuously objected that respondent was engaging in a “fishing expedition”. During such proceeding, the principal evidence offered by respondent that purported to establish a link between Mr. Vajna and Nestor was two documents entitled “IRREVOCABLE PROXY AND POWER OF ATTORNEY”. On December 30, 1989, the same date as the buyout was effected, Nestor executed these grants in favor of Mr. Vajna and the Mong Family Trust, respectively. In operative part, the documents read: The undersigned hereby irrevocably appoints and constitutes Mr. Andrew G. Vajna [or Bankers Trust International Services, Ltd., as trustee of the Mong Family Trust] as its proxy and attorney-in-fact to exercise, do, and perform any act, right, power, duty,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011