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This is a bug that has been in 3d max since version 1.0 and despite all the updates and upgrades nobody ever bothered to fix it. I'm doing a lot of architecture and bump into this bug at least a couple of times a day. You're never sure if a boolean on two splines will work or not. There have been many complaints before about this issue, but nobody seems to listen.
Try this: draw a large rectangle, uncheck 'start new shape' , draw a small rectangle through one of the edges of the larger rectangle, shift-copy this smaller shape a couple of times, then try to (boolean) subtract them from the large rectangle one by one. Some will work, some won't and it's completely unpredictable.
You know what? Things worked fine in the ancient 3d Studio for DOS... but never worked properly in 3ds max.