J.J. Zand - Page 126

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          Diesel Power's name in New York City.  At least $2,470,000 was              
          placed in Diesel Power's foreign accounts in 1973 and 1974.                 
               Other commission payments were deposited to Diesel Power's             
          FNCB accounts and to the Banque de Paris accounts in Geneva,                
          Switzerland.  With respect to the Swiss accounts, the evidence              
          shows that there were substantial sums deposited.  While the                
          burden of proof is on petitioner to show the lack of accumulated            
          earnings and profits in his controlled foreign corporation under            
          section 1248(h), the evidence shows that Diesel Power's earnings            
          and profits were far in excess of the $2,483,188 shown on its               
          financial statements as of the close of its fiscal year ended               
          March 20, 1975.  Many of the funds deposited to the Bank of                 
          America account disappeared into the secrecy of Swiss bank                  
          accounts, leaving no trace as to whether they were ever                     
          transferred into Teheran and possibly included on the financial             
          statements as earnings and profits of Diesel Power.  However,               
          since Diesel Power did not want to have funds deposited to                  
          Teheran banks, it is likely that such amounts did not end up in             
          Teheran or on Diesel Power's financial statements.                          
               We conclude that Diesel Power's earnings and profits through           
          1974 included not only the $2,483,188 reflected on its financial            
          statements, but also the funds deposited to the Swiss bank                  
          accounts and the Bank of America account.  Adding the commissions           
          deposited to bank accounts in the name of Diesel Power outside              





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