James O. Jondahl - Page 9

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         Sometime around 1988, Mr. Smith transferred the stock of WFIC to             
         petitioner or petitioner’s sister and brother-in-law2 and moved              
         WFIC to Taxman’s office space.  Petitioner ran the day-to-day                
         operations of WFIC from 1988 until 1994.  While petitioner ran               
         WFIC, WFIC’s primary business was the sale of commercial real                
         estate.  WFIC maintained a checking account, a savings account,              
         and an Interest on Real Estate Trust Account (trust account)                 
         throughout the years in issue.  On September 14, 1990, the North             
         Dakota Real Estate Commission (NDREC) granted petitioner’s                   
         application to be a real estate broker for WFIC.  WFIC did not               
         hold regular shareholders or directors meetings.  During the                 
         years at issue, WFIC employed two real estate agents in addition             
         to petitioner.  WFIC paid each agent commissions the agent earned            
         brokering transactions for WFIC.  Certain of Taxman’s employees,             
         including petitioner, performed work for WFIC and were paid for              
         these services by Taxman.  The Taxman employees who also worked              
         for WFIC did not keep track of the time they spent working for               
         WFIC.  During 1990, 1991, 1992, and 1993, WFIC transferred at                


               2Petitioner testified that Mr. Smith transferred the WFIC              
          stock to petitioner’s sister and brother-in-law because                     
          petitioner’s attorney advised him not to own stock in light of              
          the lawsuit against him and a potential lawsuit from his former             
          wife.  Respondent alleges that the WFIC stock was transferred to            
          petitioner’s sister and brother-in-law as nominees for                      
          petitioner.  Because the identity of the true owner of WFIC’s               
          stock does not affect our determinations herein, we do not                  
          address this discrepancy.                                                   





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