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Proof Required To Show That Destruction Of Files Was Premeditated


As a result of a heating system malfunction, a portion of a company’s documents were completely destroyed; coincidentally, it was during this time that the tax authorities had decided to audit the company. Consequently, the tax inspectors were not able to obtain all of the documentation that they needed for the audit and took the company to court over the matter. However, the Federal Arbitration Court’s (FAC) ruled that since the inspectors did not have any evidence supporting their claim that the company intentionally destroyed the documents, there was no basis for the lawsuit (Resolution of the FAC of the Volgo-Vyatskovo District from August 31, 2009 regarding case N A17-6800/2008).

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