Steven K. Han - Page 61





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          petitioner increased his net wealth by $986,856 when he reduced             
          that amount to his personal dominion and control.  Therefore,               
          respondent asserts, petitioner’s income should be increased by              
          $986,856 for 1988.                                                          
               Petitioner contends, however, that the $986,856 is not                 
          taxable to him because he did not withdraw those funds from the             
          corporate accounts for his own benefit; rather, he placed them              
          into his personal accounts in his capacity as an agent for IL NA            
          Tours and for its benefit to protect the funds from seizure by              
          Northwest.  Petitioner maintains that he did not use the $986,856           
          for personal purposes, but that he used the funds to benefit IL             
          NA Tours, including transferring funds from his personal accounts           
          to the ANB accounts which were used first to negotiate a                    
          settlement with Northwest in order for IL NA Tours to remain in             
          business and then to pay corporate debts owed Northwest.                    
               Petitioner relies on Stone v. Commissioner, 865 F.2d 342,              
          343 (D.C. Cir. 1989), revg. and remanding Rosenbaum v.                      
          Commissioner, T.C. Memo. 1983-113, in support of his agency                 
          theory.  In Stone, the Commissioner determined that the                     
          taxpayers, a corporate officer (who also was a shareholder in the           
          corporation) and the corporation’s attorney (who also served as             
          one of its directors), had to include in income $4 million of               
          corporate funds which had been derived from a series of                     






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