Comtek Expositions, Inc. - Page 28

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               Third, agreeing in the stipulation of facts to disregard the           
          royalty agreement and ECI for Federal income tax purposes, the              
          parties have left the Court with an incomplete picture of the               
          business and financial relationships of petitioner and Crocus               
          during the taxable periods at issue.  The problem has been                  
          aggravated by respondent’s unexplained failure to follow through            
          with discovery after the Court granted respondent’s application             
          for a letter of request authorizing a foreign deposition.                   
               Against the background of the declaration in support of                
          petitioner’s motion for summary judgment “that dealing with                 
          quasi-government agencies in Russia is a sensitive mixture of               
          politics, negotiation, and money,” we follow the direction of               
          paragraph 27 of the stipulation of facts to disregard any                   
          suspicions raised by the use of a tax haven jurisdiction as the             
          locus for the royalty agreement to which petitioner became a                
          party,15 by the criminal investigation16 and the invocation by              
          petitioner’s stockholders of their Fifth Amendment privilege,17             

               15The Republic of Ireland was regarded by respondent as a              
          tax-haven jurisdiction during the taxable periods at issue.  See            
          1 Audit, Internal Revenue Manual (CCH), sec. 4233, Exhibit 500-8,           
          at 9509.                                                                    
               16Cf. Capital Video Corp. v. Commissioner, 311 F.3d 458 (1st           
          Cir. 2002), affg. T.C. Memo. 2002-40.                                       
               17Because of the invocation of the Fifth Amendment privilege           
          by petitioner’s stockholders, petitioner has not provided                   
          relevant information with respect to the business and financial             
          relationships between petitioner, ECI, and Crocus.  An invocation           
          of the Fifth Amendment is not a substitute for relevant evidence,           
                                                             (continued...)           




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