Summary Judgment Victory in Case Involving Breach of Fiduciary Duty by a Foreign LLC Owner
Sep 04, 2012OUTCOME: Victory
Summary Judgment Victory in Case Involving Breach of Fiduciary Duty by a Foreign LLC Owner
Ismail T. Shahtakhtinski's Legal Cases (5)
Fairfax, VA
Immigration Lawyer at Fairfax, VA
Practice Areas: Immigration, Personal Injury ... +2 more
Asylum from Russia for a Victim of Police Corruption
Feb 03, 2012OUTCOME: Grant of Asylum
On February 1, 2012, I.S. Law Firm secured a grant of asylum through immigration court in a case involving a young man from Russia who had witnessed a crime perpetrated by a prominent criminal group. T ... he Ministry of Internal Affairs of Russia pressured our client to give false testimony. When he refused to do so, the Russian government issued a warrant for his arrest. The main challenge in this case was to demonstrate that if the client was deported to Russia, his arrest in Russia would constitute persecution on account of his imputed political opinion, versus prosecution on account of his criminal activity. Attorney Ismail T. Shahtakhtinski was able to demonstrate to the satisfaction of the U.S. Department of Justice that the respondent’s refusal to comply with the orders of the Russian government coercing him to give false testimony was sufficient manifestation of the respondent’s imputed political opinion, on account of which the Russian government brought the false charges against the respondent. Political opinion is one of five enumerated grounds (the other four are race, religion, nationality, and membership in a particular social group) that establish a basis for asylum in the United States if a person was persecuted because of a corresponding characteristic in their home country. To obtain approval of our clients’ asylum petitions, attorneys at I.S. Law Firm gather subjective and objective evidence, country reports, complete the forms, write memorandums, thoroughly prepare our client for the questioning, and stand by our client’s side, supporting him or her throughout the entire process. We are proud of our success rates in asylum cases, both affirmative asylum cases through the USCIS and defensive asylum cases through immigration courts. If you think you may qualify for asylum, please contact us at 703-527-1779 or via e-mail: [email protected].
Tax Controversy
Mar 10, 2011OUTCOME: Dismissal for Client
I.S. Law Firm is proud to announce that we successfully challenged and prevented over $24,000 in overdue taxes, penalties and interest which IRS assessed and attempted to enforce against our client. As ... a result of zealous work on behalf of our client and pursuit of the matter in the United States Tax Court, attorneys at I.S. Law Firm secured a waiver of all assessed taxes, penalties and interest that were demanded from our client. We successfully overcame many challenges, including proving dishonesty of our client’s former employer in reporting the client’s income from 2001, poor representation by our client’s tax consultants, and the IRS’s refusal to drop the enforcement action against our client. The case concerned our client’s income taxes for the year 2001. Our client’s employer submitted fraudulent Tax Form 1099-MISC (miscellaneous non-employee compensation) to the IRS, deliberately overstating our client’s 2001 income. As a result, the IRS estimated our client’s 2001 income to be over five times greater than it actually was, and demanded our client to pay significant amount of overdue taxes and penalties. In 2008, our client received a notice of enforcement action, in which the IRS demanded over $24,000 in overdue taxes and penalties. Our attorneys successfully argued that our client had fully reported his 2001 income and owed no additional taxes. We demonstrated that our client’s former employer misreported the client’s income for 2001. The challenge was to collect almost 10 years old evidence to support our position. We contacted the banks where the client maintained his accounts in 2001, we contacted client’s former co-workers and other witnesses to gather as much evidence as available to support our client’s position. We presented to the IRS notarized affidavits from a number of witnesses who worked with our client for the same employer in 2001 or were aware of our client’s income during that period. We showed that our client worked for the employer in question only for six months in 2001 and earned only the amount of income he reported on his 2001 tax form. Additionally, we were able to obtain information that the employer who misreported our client’s income was later arrested and jailed for unrelated fraudulent activity. Even with this much evidence in favor of our client’s innocence, the IRS refused to drop the enforcement action, prompting attorneys at I.S. Law Firm to file the case with the United States Tax Court. As a result, we were able to convince the IRS to finally cease the enforcement action against our client, relinquishing the claims for additional taxes owed and waiving all penalties and interest payments associated with this matter. At I.S. Law Firm, the success of our clients is our priority. We employ aggressive and innovative litigation strategies while maintaining the highest degree of integrity and professional responsibility to ensure that our clients receive the most effective representation possible. For a case-specific evaluation and consultation, please contact us: (703) 527-1779, or by e-mail: [email protected].
Construction Litigation
Feb 15, 2011OUTCOME: Judgment for Client
I.S. Law Firm secured a court victory for a licensed asbestos removal contractor. Our client, a Virginia corporation, was hired by a condominium association for asbestos removal project in the defendan ... t’s 11-story building. The parties initially agreed on a certain project scope which they later expanded. Our client, the plaintiff, performed the work, but the defendant withheld 25% of the full contract price asserting that the plaintiff’s performance was not “satisfactory.” We filed a lawsuit on behalf of our client and recovered the unpaid balance plus interest. I.S. Law Firm successfully argued that, under the doctrine of substantial performance, when the plaintiff demonstrated material performance, the burden of proof shifted to the defendant, requiring the defendant to prove the lack of full performance and reasonable costs thereby incurred. The defendant failed to do so and the court awarded our client the judgment for the full amount of the lawsuit and legal interest. The doctrine of substantial performance holds that a finding of substantial performance precludes the finding of a material breach, and the contractor may recover the contract price, less the reasonable cost of repairing defects or completing unfinished work. It declares that performance by a contractor, substantially providing the buyer with the object of the agreement, is sufficient to satisfy contractual requirements. To recover or withhold part of the payment under the contract, the buyer must be able to demonstrate that the contractor’s performance was not complete under the terms of the agreement and that the resulting costs claimed by the buyer were reasonable. At I.S. Law Firm, the success of our clients is our priority. Whether it is filing the paperwork to start a new venture, handling a complex transaction for a seasoned business, or litigating a dispute, we have the experience and knowledge to meet all your business needs. The reality in today’s world is that many business deals end up being litigated. Since litigation is unpleasant, costly, and potentially damaging to your reputation, we at I.S. Law Firm work hard to keep your business out of court. Because your reputation is our reputation, we zealously advocate for your interests when disputes arise, but we also take the utmost care to prevent disputes from occurring. But, when they do arise, we employ aggressive and innovative litigation strategies while maintaining the highest degree of integrity and professional responsibility to ensure our clients receive the most effective representation possible. For a case-specific evaluation or consultation, please call us: (703) 527-1779.
Alien with Extraordinary Ability
Sep 25, 2009OUTCOME: Approval
It is our pleasure to announce an important victory in securing an approval of EB-1 (Extraordinary Ability) petition for a former athlete from Ukraine who now comes to the United States as a coach. Thi ... s is an important case, because it has long been a policy of the USCIS that an athlete with extraordinary abilities is not an equivalent of a coach with extraordinary abilities. Under the USCIS policy, it was not enough for a former athlete who seeks to enter the U.S. as a coach, to simply demonstrate his/her extraordinary ability as a former athlete, but the petitioner/applicant is rather required to demonstrate extraordinary ability specifically as a coach.
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