- 14 - Based on the testimony of petitioners' expert, Yakov M. Balakhovsky, an attorney experienced with Russian and Soviet law, petitioners claim the following: Russian businesses, as a matter of custom and practice, during the taxable years in issue herein, would deposit funds abroad due to their inability to open foreign bank accounts, as well as the absence of a private banking system in the U.S.S.R. and rampant economic, political and social turmoil in the U.S.S.R. [L]ittle formal documentation or other legal niceties would accompany such deposits * * * because of the embryonic nature of the Soviet commercial law, the absence of skilled lawyers, and the inability to enforce contractual obligations through government legal channels, due to endemic corruption and the systemic hostility of the Soviet state towards entrepreneurial activity. Respondent did not challenge petitioners' expert's testimony, and we accept his opinions and find accordingly. Respondent made a common response to many of petitioners’ proposed findings of fact with respect to the existence of the customers and American Valmar’s obligations to them: “Objection to the proposed finding of fact in that it is based upon the uncorroborated, self-serving testimony of Valeri Markovski.” It is undoubtedly true that many of petitioners’ proposed findings of fact are uncorroborated and self-serving. That, however, does not necessarily mean that they are false. Respondent also adverts to the paucity of American Valmar’s records and certain seeming inconsistencies in those records as grounds for rejecting all of American Valmar’s allegations. We have examined the records and are unconvinced that either their minimal extent orPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011