- 33 - Corporation rather than the reinstatement of the old Lumatron Corporation. We therefore conclude that the Lumatron Corporation, which purportedly acquired Mr. Comey’s portfolio in 1978, was never reinstated. We therefore also conclude that even if Mr. Comey had attempted to transfer his portfolio to Lumatron in 1978, via the purported Inventor’s Agreement, Lumatron would have lacked legal capacity, and the transfer would have been ineffective under Illinois law. Equally importantly, the record as a whole establishes that Mr. Comey, and not Lumatron or Landtrak, was the beneficial owner of the securities in Mr. Comey’s portfolio, at least until those securities were reregistered in Landtrak’s name in mid-1992. Although Mr. Comey claims that he transferred his portfolio to Lumatron in 1978 and sold his Lumatron stock to Landtrak in 1987 or 1988, he also admitted at trial that until mid-1992: (1) The stock in the portfolio was registered in Mr. Comey’s name, (2) the dividend checks were payable to Mr. Comey, (3) Mr. Comey personally cashed the dividend checks, and (4) the cash was placed in a bank account in Mr. Comey’s name, not in a corporate account. Mr. Comey therefore had dominion and control of both the securities in his portfolio and the income generated by those securities, during the years in issue. Mr. Comey claims that Lumatron and Landtrak used the dividends, interest, and capital gains generated by his portfolioPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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