Cristeen B. Comey - Page 15




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          January 1, 1987, who at the time was the sole shareholder of the            
          corporation.”  However, the “7" of the “1987" in this document is           
          handwritten and appears to have been written over a typewritten             
          “8".5  Moreover, in a 1990 letter written to the Commissioner on            
          Mrs. Comey’s behalf, Mr. Comey stated that the transfer of                  
          Capital Fund shares occurred on or about January 1, 1988, not on            
          January 1, 1987.  Finally, at trial, Mr. Comey variously stated             
          that Mrs. Comey capitalized Landtrak in 1988, in 1987 or 1988, or           
          in “1988-–1987 and 1988".                                                   
               The objective facts support a finding that Mrs. Comey did              
          not transfer her Capital Fund shares to Landtrak on January 1,              
          1987, or at any other time.  We have found that, contrary to                
          petitioners’ contentions, Mr. Riopelle remained the sole owner of           
          Landtrak throughout 1987.  It does not make sense that Mrs. Comey           
          would have transferred valuable property--the Capital Fund                  
          shares-–to a corporation in which she had no interest.  In                  
          addition, when the Capital Fund shares were sold in 1991--more              
          than 4 years after their purported transfer to Landtrak--they               
          were held in an “Individual Investor Account”, not in a corporate           
          account.  The name, address, and taxpayer identification number             


               5 We also note that the document was signed only by Mr.                
          Comey (purportedly on behalf of Mr. Comey individually and as               
          sole director and secretary of Landtrak) and refers to a board              
          meeting supposedly held on Apr. 12, 1988, more than 1 year after            
          the purported transfer of the Capital Fund shares to Landtrak on            
          Jan. 1, 1987.                                                               





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