-18- belonging to separate entities Ms. Ng owned. However, Ms. Ng treated accounts belonging to entities she owned as though they were her personal accounts. As stated previously, she disregarded the legal ownership of the accounts and commingled personal funds with funds of the entities she controlled. She also disregarded legal ownership of the accounts when writing checks. We find that it was reasonable for respondent to treat the accounts as belonging to Ms. Ng, as she herself had done. Upon review of all of respondent's adjustments and supporting documentation, we conclude that with the exception of certain amounts deposited into the tip account that we found should be excluded from Ms. Ng's reconstructed income, and $32,559 of cancellation of indebtedness income for 1989,1 Ms. Ng had 1 Respondent determined that amounts deposited into Strong Hope's account at Union Bank were the income of Ms. Ng. On the books of Strong Hope the deposits were treated as loans to Ms. Ng. To avoid being whipsawed, respondent increased the amount Ms. Ng owed to Strong Hope to reflect that the amounts deposited into Strong Hope's account at Union Bank and used for her benefit were amounts Strong Hope loaned to Ms. Ng. Respondent also adjusted the loan balance shown on the books of Strong Hope as due from Ms. Ng to include expense items that had been booked as loans from Ms. Ng to Strong Hope but which were never substantiated by Ms. Ng. The net amount left owing to Strong Hope by Ms. Ng was $32,559, and respondent took the position that this debt was forgiven and/or canceled on May 9, 1989, when Strong Hope distributed its one-half interest in 850 Stockton Street to Ms. Ng. In her posttrial brief, respondent states that if we hold that "the amounts deposited into Strong Hope's Union Bank account are the income of Ms. Ng", then respondent concedes that the forgiveness of income issue should be resolved in favor of Ms. Ng. We find that the amounts deposited into Strong Hope's Union (continued...)Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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