Andrew G. and Cecilia M. Vajna - Page 10




                                       - 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