J.J. Zand - Page 121

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          note; there is no stated interest; there is no fixed maturity               
          date; there is no payment schedule; there is no collateral; and             
          there is no evidence that such loans were repaid.  While                    
          petitioner testified that these withdrawals were part of the                
          claim of right later asserted by him and which he included in               
          income, petitioner has not provided any documentary evidence to             
          support his self-serving testimony.  Some sort of objective                 
          factors demonstrating economic reality are required.  See Wilkof            
          v. Commissioner, 636 F.2d 1139 (6th Cir. 1981), affg. T.C. Memo.            
          1978-496.  There are no such factors present here.  Accordingly,            
          we hold that, to the extent that commissions received from                  
          Lockheed, Goodyear, Clark, Galion, Morgan, or Ingersoll-Rand did            
          not constitute income to petitioner in the years they were paid,            
          the withdrawals from the Diesel Power Bank of America account               
          which were converted to petitioner's personal use constituted               
          either constructive dividends or converted funds.  In either                
          case, those withdrawals constituted income to petitioner in the             
          years of withdrawal.                                                        
          III.  Issues 4 and 5--Interest Income on Foreign Bank Accounts              
               In the years 1974 and 1975 petitioner had a bank account               
          with First National City Bank in London (FNCB), account number              
          1612131.  The account earned interest for those years in the                
          amounts of $38,055.71 and $43,641,69, respectively.  Petitioner             
          owned the account; he was the sole signatory to the account; he             





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