- 205 - 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 outsidePage: Previous 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 Next
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