- 12 - The August 7, 1989, memorandum by den Baas unambiguously states that ABN will receive a specified payment from its corporate partner because the partnership’s proposed investments would not provide ABN with an adequate return on its capital. The February 15, 1990, and June 19, 1990, memoranda by den Baas issued with regard to ABN’s participation in Saba and Otrabanda, respectively, echo the proposition that ABN will receive payments from its corporate partner; i.e., Brunswick. Consistent with the foregoing, we note that den Baas acknowledged at trial that he understood from the start that the partnerships’ investments would not provide ABN with the return it required on its funds. These factors demonstrate to our satisfaction that ABN expected that Brunswick would provide remuneration or fees in exchange for ABN’s participation in the partnerships. There is also ample evidence in the record that Brunswick transferred fees to ABN. We first observe that petitioner is essentially mum with regard to the $535,000 amount that Merrill Lynch characterized as a fee and added to its valuation of Saba’s LIBOR notes. The addition of this fee to the value assigned to Saba’s LIBOR notes had the effect of inflating the price that Brunswick paid ABN (through Sodbury) for 50 percent of its Saba partnership interest. Petitioner’s reply brief includes an objection to respondent’s proposed finding of fact that the $535,000 amountPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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