Domer L. Ishler - Page 22

                                        - 22 -                                        
          purchase of Shinwas, and he had been a member of TCM’s board of             
          directors since 1987.  Taylor said that he knew of no legitimate            
          business purpose for the TCM/Camaro relationship.  To the best of           
          Taylor’s knowledge, petitioner never reported the existence of              
          the NSA/Camaro agreement to TCM's board.  TCM's board did not               
          ratify or approve the NSA/Camaro agreement.                                 
               Wakashita, a mid-level manager of NSA, considered TCM to be            
          its sales representative on the Shinwa transaction from 1987 to             
          1989.  He regularly dealt with Taylor and knew of no business               
          activity by Camaro relating to the Shinwa transaction.  Kerry L.            
          Langdon, Chrysler’s Huntsville purchasing agent, was not aware of           
          anything that Camaro contributed to the Chrysler/NSA/TCM                    
          relationship.  Camaro did not negotiate, price, or set terms                
          relating to the Shinwa transaction and had no role in delivering            
          the Shinwas to Chrysler.                                                    
               Petitioners contend that we should view Wakashita’s                    
          testimony as biased because Camaro had failed to inform NSA that            
          Camaro was a foreign corporation, payments to which by NSA may              
          have been subject to withholding tax under section 881(a).  We              
          disagree, and we note that the testimony of Kerry Langdon and               
          Taylor corroborated Wakashita’s testimony.                                  
               Petitioner testified that he needed to keep Camaro as a                
          party to the agreement to protect his business reputation and               
          because Camaro might be a lucrative source of future business in            

Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011