- 29 - The record does not establish the following relevant dates: a. The dates on which Moshe Melnik met Mr. Jennings in Houston and received MMI’s initial proposal to acquire HouTex; b. The date on which Moshe Melnik first met with Mr. Pennoni; c. The dates of subsequent meetings with Mr. Pennoni; d. The date on which the Melniks decided to engage in a transaction involving foreign trusts and a foreign corporation; e. The date on which the foreign trusts acquired Clend; f. The date on which the Melniks transferred their HouTex shares to Clend; and g. The date on which the Melniks and MMI reached an agreement in principle regarding the acquisition of HouTex. Although the vagueness of the chronology in the record facilitates petitioners’ arguments that MMI’s acquisition of HouTex was negotiated over a period of months and was not finalized until after Clend had purchased 75 percent of HouTex’s stock and that petitioners did not continue to exercise de facto control over the assets ostensibly owned by Clend and the foreign trusts, the lack of precise dates is a defect in the record that impairs our review of the transactions. It is also a defect that petitioners could easily have remedied but did not. It is well established that the failure of a party to introduce evidence which, if true, would be favorable to him, gives rise to thePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011