Walter Van Eck and Friedgard Van Eck - Page 38

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          1987, Walter made all deposits to and signed all checks on                  
          USB 5155.                                                                   
               Respondent originally classified certain deposits to the               
          accounts set forth in the immediately preceding paragraph and to            
          four additional accounts, FIB account 0053 (discussed supra                 
          paragraph 7.e.), OB account 9148 (discussed supra paragraph 5),             
          OB account 4604 (discussed supra paragraph 7(e)) and an account             
          identified only as "FIB-4941", as being deposits of unknown                 
          origin (the Original 1987 Unknown Deposits).  The Original 1987             
          Unknown Deposits are as set forth in Exhibit 106-DB.                        
               The amount shown on Exhibit 201-GK for 1987 in the row                 
          labeled "Unknown" ($4,746.84) is the same as the 1987 Original              
          Unknown Deposits and reflects that all of the Original 1987                 
          Unknown Deposits are still in dispute as unknown deposits for               
          1987 (1987 Unknown Deposits).  Of the 1987 Unknown Deposits,                
          $4,497 constitutes an item of gross income to either Walter or              
          Friedgard.                                                                  
                                       OPINION                                        
               Except with regard to OB account 4604 and the account that             
          respondent has identified only as FIB-4941, we conclude that                
          Walter had control and authority over all of the accounts listed            
          under the heading "Unknown" on Exhibit 106-DB.  We do not,                  
          however, conclude that he had any control and authority over FIB-           
          4941 or OB account 4604.  Thus except with regard to the deposit            
          to OB 4604 of $160 and the deposit to FIB-4941 of $89.81,                   




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