Michael W. Rehtorik, et al. - Page 15

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          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 does             




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