- 28 - 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...)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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