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NAA provided anesthesia services to NIS for which it
received payments during 1991 and 1992, some of which were handed
directly to petitioner. A portion of the payments included
compensation for anesthetic services rendered by petitioner; NIS'
books indicated "Jim patient payments" for payments made by
patients to petitioner. NAA also received payments for
anesthesia services from insurance companies. In 1991 and 1992,
respectively, NAA received total income of $255,769 and $212,940
from insurance companies and NIS and had $39,334 and $39,952 in
total deductions.
Petitioner had control over funds received by NAA and
deposited into NAA's account in Security Pacific Bank before the
funds were transferred to the CRNA Trust. NAA has disbursed
funds from its checking account, payable directly to the CRNA
Trust. Petitioner has deposited checks issued by NIS into NAA's
bank account and has signed checks on NAA's account; Security
Pacific Bank honors only checks bearing an authorized signature.
When Oania withdrew funds from the NAA bank account, he divided
each amount 50/50 with petitioner.
Petitioner also had control of funds deposited into the CRNA
Trust bank account at Security Pacific Bank. Petitioner was
authorized to sign checks drawn on the account.
Petitioner, as grantor, formed the James C. Estrada Family
Trust (Family Trust) on June 10, 1978. The Family Trust
Agreement provided that petitioner's address was the trust
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