Comtek Expositions, Inc. - Page 41

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          suggests petitioner or Crocus represented to respondent that they           
          conducted foreign trade shows as a joint venture.                           
               The evidence indicates that petitioner represented to the              
          great majority of exhibitors that it conducted foreign trade                
          shows independently with no partner.  Petitioner itself                     
          negotiated and entered into all contracts with exhibitors located           
          outside the former Soviet Union, which accounted for 90 percent             
          of trade show fees.  If an exhibitor were to cancel a contract              
          with petitioner, petitioner was entitled to retain all payments             
          received as liquidated damages.  Nothing in the record indicates            
          Crocus was entitled to receive any potential liquidated damages             
          retained by petitioner.  At all foreign trade shows, petitioner’s           
          employees solicited exhibitors for future shows and provided                
          liaison between exhibitors and Crocus’s employees, thus                     
          indicating to the exhibitors that petitioner was in charge of the           
          foreign trade shows.                                                        
               Even though both petitioner and Crocus were parties to the             
          cooperation agreement and trade show contracts with Expocentr,              
          petitioner alone was obligated to pay rent and other fees for the           
          use of the pavilions, and petitioner was the principal party in             
          negotiations with Expocentr for the future use of pavilions.                
          These contracts suggest that petitioner and Crocus did not                  
          represent themselves as a partnership or as joint venturers to              
          Expocentr.                                                                  






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