- 23 - Lily received a $314,912 distribution from the First Pacific account in October 1988. Shin's records do not show an inflow from a shareholder at that time that would indicate that Lily repaid this amount to Shin. Shin's chief accountant, Ken Chen, who was responsible for Shin's muddled recording system, could not identify the recorded inflows that would reflect Lily's repayment even though Ken Chen claimed it was his duty to ensure borrowers repaid the alleged loans. We find that Lily did not repay this amount to Shin. At trial, petitioner husband claimed that he did not question the reasons for the withdrawals, nor did he care who received the funds. We find it hard to believe that a 30-percent shareholder would not care who was receiving the profits from his company. This is especially so given the fact that petitioner husband never received a dividend from Shin while other shareholders with smaller shareholdings were receiving dividends. Lily was less than a 3-percent shareholder but was receiving substantial advances from Shin that were not repaid. Lily generally held the passbooks from the Coast and First Pacific accounts and never showed them to anyone at Shin. Lily used the money from the accounts to pay the money she owed under the 1986 Agreement. In addition, the accounts were first opened when the 1986 Agreement was entered into and closed when Lily finished making the payments due under that Agreement. A distribution to a family member of the shareholder can constitute a sufficientPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011