- 15 - Commissioner, supra at 647; Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983). As indicated, respondent argues that all managed account funds deposited into bank accounts in petitioner’s name during the years in issue should be treated as unreported taxable income to petitioner. Respondent argues that by depositing managed account funds into bank accounts in his name, petitioner misappropriated managed account funds from either the managed account investors, from GSC, or from both. Petitioner argues that managed account funds deposited into bank accounts in his name constituted loans from managed account investors to GSC, that petitioner did not misappropriate any managed account funds either directly or through GSC, and that petitioner used managed account funds deposited into bank accounts in his name as an agent for GSC, and to pay expenses and to make purchases of securities on behalf of GSC. The evidence before us establishes that, from the standpoint of managed account investors and GSC, managed account funds transferred by investors to GSC, to petitioner, and to Gomez, were regarded as funds loaned from the investors to GSC. Managed account investors signed written agreements with GSC that provided for repayment of principal and interest, and managed account investors did expect to be repaid all managed account funds and interest thereon. The fact that some officers and employees of GSC did not know of the managed account funds doesPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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