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property. None of the partners lived in the San Jose property.
All three had their own personal residences.
The partners began marketing the generator in 1993, and they
continued to use the San Jose property for office space and to
demonstrate the generator for potential distributors. They used
a room in the San Jose property as a demonstration area to
display the generator’s capacity to run a television, fan, and
several lights. Petitioner explained that the generator was not
designed to supply sufficient energy to run a typical household
in the United States but that it was designed to meet the more
limited energy needs of households in developing countries.
In 1994 the partners sent a generator to one of the
partner’s relatives in Vietnam who unsuccessfully attempted to
sell the system in Vietnam at a price of $2,000. The relative
decided to keep the generator for himself, and the partners gave
it to him at their cost of $300.
After further unsuccessful attempts at establishing
distributors in Vietnam, petitioner bought out his partners’
interests for $1,000 on May 30, 1994, and began marketing the
generator under the name Solarsys Technology (Solarsys).
Petitioners continued to use the San Jose property and began
looking for distributors in other countries such as Malaysia and
the Philippines. In 1995 approximately 12 people expressed an
interest in establishing distributorships in their countries, and
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Last modified: May 25, 2011