Zalman Melnik and Lea Melnik - Page 29

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               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 the                






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