- 52 - 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 ofPage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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