- 44 - OPINION Diverted Corporate Funds Issue In early 1988, petitioner transferred $1,294,058 from an account of one of his corporations (Albank No. 1) into a personal brokerage account, the FCIS account, to purchase stock held in that account. Before the end of February 1988, all but two blocks of the stock purchased (i.e., the Pan Am and Kodak stock) had been sold, and the proceeds transferred from petitioner’s FCIS account back to his corporation’s Albank No. 1 account. The stock so liquidated was generally sold at a profit. As a result, with respect to the $1,294,058 taken from the corporate account, petitioner was able both to return $752,702 to the corporation and to retain in his FCIS account stock purchased with $565,478 in corporate funds (i.e., $116,600 for the Pan Am stock plus $448,878 for the Kodak stock). On March 4, 1988, petitioner transferred the Kodak stock from his FCIS account to another personal account, P-B No. 1. On March 17, 1988, petitioner transferred the Kodak stock from P-B No. 1 to the Sam Han account (which he controlled). He transferred the Kodak stock back to P-B No. 1 on June 20, 1988. On June 24, 1988, petitioner sold the Kodak stock for a net ofPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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