American Valmar International Ltd., Inc., et al. - Page 14

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            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 or                              



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