- 274 - Freeman were subject to his control. There is no evidence that IRA, Holding Co., or any of the other entities earned these funds. Petitioners handled the accounts as if they were their own, moving funds around from location to location and using the funds for their personal benefit. This is hardly the behavior that petitioners would exhibit if the funds in the accounts were subject to the control of Weisgal or the various entities. Kanter did virtually all of the planning and implementing of the transactions. The officers, directors, and trustees signed documents and entered transactions as Kanter directed including issuing and redeeming stock, liquidating corporations, purchasing and selling stock, distributing funds, and executing contracts and agreements. There is very little evidence that IRA or the other entities had anything to do with these transactions other than to be the named recipients of the checks. Lastly, we note that payments to IRA were distributed to the accounts of Carlco, TMT, and BWK, Inc. of which petitioners and their family members were authorized signatories. If, as petitioners contend, the funds of the corporations did not belong to them, they would have been misappropriating the funds through phony loans. Therefore, we conclude that petitioners were simply using the corporations to receive the funds they had earned. Regardless of where the funds actually went, they were earnedPage: Previous 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 Next
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