Steven K. Han - Page 53





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                                       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 of              










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